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(영문) 서울북부지방법원 2017.08.23 2017고단2346

폭행등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 29, 2017, the Defendant, on the ground that the victim E, an employee in Seongbuk-gu Seoul Metropolitan Government, had expressed an attitude of disregarding himself/herself in Seongbuk-gu around May 19:20, the Defendant: (a) took a bath to the victim E; (b) took an assault; and (c) took a bath to the cafeteria who was a restaurant customer; and (d) took an assault to do so, the Defendant obstructed the victim’s restaurant business by exercising power on the above restaurant where approximately 20 minutes of the 20 minutes of the 20 minutes of the meals of the customers, and obstructed the victim’s restaurant business

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Statement made by the police for E;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s mistake recognized and against himself; (b) the victim does not want to punish the Defendant; and (c) the degree of damage is relatively minor; and (d) the punishment as ordered is determined by comprehensively taking account of the various circumstances that form the conditions for sentencing indicated in the record.

Dismissal of Prosecution (the point of assault)

1. The summary of the facts charged is that the Defendant, on May 29, 2017, expressed the attitude of the victim E, who is an employee in Seongbuk-gu Seoul, around 19:20, to disregard him/her in Seongbuk-gu, Seoul, and on the ground that he/she expressed his/her attitude of disregarding him/her in Seongbuk-gu, Seoul, the Defendant expressed his/her desire to “the same year and two years of weather,” the Defendant follows the victim, booms the victim’s shoulder, booms him/her over several times, and assaultss the victim E, and the victim F, who was the customer who reported it, speaks the Defendant, and “a verbal assault is also a assault” to the victim F.

In this regard, the victim F was expressed as "I am", and the victim F was assaulted by her hand by using the part of the victim F's son.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) and (1) of the Criminal Act;

B. The prosecution of this case is followed after the prosecution of this case.