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(영문) 서울중앙지방법원 2015.06.24 2015고정1205

폭행등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around October 19, 2014, the Defendant, while drinking alcohol in a restaurant of “D” located in Jung-gu Seoul, Jung-gu, Seoul. Around October 23:15, 2014, the Defendant assaulted the victim E (a person aged 51) (a person aged 51), who is an employee of the place, with drinking water, on the ground that the victim said that “it does not have drinking water and there is an urgent cooling water,” and used the victim’s bath that “it can be seen that there is no drinking water and there is an urgent cooling water.”

2. The Defendant, at the time and place indicated in the preceding paragraph, expressed a bath to the customers who had drinking alcohol on other tables, and took a bath in the preceding paragraph, and obstructed the business operation of the restaurant managed by the victim by force by the victim, such as “I wish to take a bath to see who would be able to see this dog, next to what you want to see,” and “I will do so,” and the victim mentioned in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the investigation report (related to the submission of video images on a shot cell phone);

1. Selection of fines in accordance with Article 260 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (a point of violence) of the same Act and the choice of punishment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;