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(영문) 인천지방법원 2021.02.19 2020고정2049
폭행
Text

Defendant

B shall be punished by a fine of two million won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime (Defendant B)

1. On April 9, 2020, at around 21:50, the special assault Defendant collected signboards (a total length of approximately 200cm) supported by iron bars, which are dangerous articles in front of the above drinking house, from the victim E ( South, 26 years of age), the victim A ( South, and 26 years of age) on the front side of the drinking house of "D" located in Seo-gu Incheon, Incheon, for the reason that the Defendant was unable to smoked by tobacco. The Defendant collected signboards (a total length of approximately 200cm) from the victim’s body back to the left hand, and tightly sealed the victim’s body parts on several occasions with the victim’s body’s hand, and the end part above the victim A was sold as a blue.

2. The Defendant damaged the property by taking up the standing signboards owned by the victim F, installed at the time and place set forth in paragraph 1, in two hands, and destroying the repair cost of KRW 140,000.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Statement made by the police for E;

1. Application of investigation conditions (the verification of screen pictures in attached CDs) and statutes;

1. Articles 261 and 260 (1) (a point of special assault) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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 part dismissing the public prosecution under Article 334(1) of the Criminal Procedure Act (Defendant A) of the Provisional Payment Order

1. On April 9, 2020, at around 21:50, the Defendant: (a) committed an assault as stated in paragraph 1 of the facts charged in the judgment of “D” located in Seo-gu Incheon, Seo-gu, Incheon; (b) committed an assault as stated in paragraph 1 of the facts charged by the victim B ( South and 39 years of age); (c) used both parts of the victim’s body on the ground floor; and (d) used the victim’s body part on the ground floor in both hands; and (e) used the victim’s body part on the part of the victim’s body in both hands; and (e) used the victim’s body part on the ground floor by pushing the Defendant’s happiness.

2. The facts charged against the Defendant are the crimes falling under Article 260(1) of the Criminal Act, and Article 260(3) of the Criminal Act.

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