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(영문) 서울중앙지방법원 2017.08.25 2017고정1887

폭행등

Text

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

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

Reasons

Punishment of the crime

1. On April 13, 2017, at around 15:30 on April 13, 2017, the Defendant used assaulting the victim D ( South, 60 years old), who was an employee at the above office, by receiving the lease deposit, asked the victim D (the victim South, 60 years old) who was an employee at the above office to contact the building owner, but the victim said that he was the victim, and expressed that he was the victim's mother, and expressed the victim's face one time by drinking, and that the chest was pushed down several times.

2. On April 13, 2017, from around 15:25 to around 15:40 the same day, the Defendant interfered with the victim’s counseling services by force, i.e., the victim E (V., 49 years old) who was the responsible manager of the instant lease contract, by putting the victim at the place indicated in paragraph (1) above, and i.e., taking the victim’s desire to “heat, fright,” and assaulting the victim and raising a large amount of interest, etc., as seen above, the Defendant interfered with the victim’s counseling services by force for about 15 minutes, such as throwing away from the customer who was in consultation with the said lease contract.

Summary of Evidence

1. A protocol concerning the examination of suspects of D;

1. Statement protocol by the police for E;

1. Investigation Report (CCTV Confirmation Investigation) (In accordance with the evidence in its holding, the fact that the Defendant committed each of the crimes in the judgment can be acknowledged, and further, in light of the motive and background of the instant crime, the method and process of committing the crime, and the circumstances after committing the crime, etc., the Defendant’s act cannot be deemed as constituting a legitimate defense, and thus, the Defendant’s act is

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of fines for the crime;

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

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

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