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(영문) 수원지방법원 성남지원 2017.09.15 2017고단1849
폭행등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On May 25, 2017, around 23:30 on May 25, 2017, the Defendant abused the victim’s breath in the “D” of the C hotel located in Yongsan-gu Seoul Metropolitan Government, and breathed from the victim E (28 tax) who is a security guard at the location.

2. On May 26, 2017, the Defendant, who was arrested as a flagrant offender for the assault cases described in paragraph (1), was transferred to the G police box located in Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government on May 26, 2017, and was demanded the head of the police box to present the “written confirmation of the suspect’s body for arrest and detention” and “written confirmation” to affix his/her signature to the police box affiliated with the above police box, and the Defendant, without any justifiable reason, reduced the said document by hand without any reason.

Accordingly, the Defendant damaged the documents used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (the confirmation of parts of the victim's wife);

1. Application of applicable Acts and subordinate statutes to reporting self-contributed;

1. Relevant Article 260 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (a point of violence) concerning facts constituting an offense: Selection of each fine for negligence;

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. The sentencing of Article 334(1) of the Criminal Procedure Act at a disadvantage of the defendant, such as the reason for sentencing of the provisional payment order, the fact that the defendant has been subject to a same kind of fine and a suspended sentence of execution exceeding ten times, the defendant reflects his gender, the degree of damage is not severe, the defendant's health condition, etc. shall be determined by taking into account favorable circumstances, such as the following:

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