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(영문) 서울서부지방법원 2019.03.27 2019고정49
폭행등
Text

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

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

Reasons

Punishment of the crime

1. Around 04:30 on September 4, 2018, the Defendant assaulted the victim by taking advantage of the fact that the Defendant was taking advantage of his or her height on the road located at the end of Eunpyeong-gu Seoul, Eunpyeong-gu 3-14, which is located at the end of 7-ro 3-14, and requesting the victim from the victim B (the age of 38) to make him or her be able to get him or her to be able to get him or her to grow up on the day.

2. 경범죄처벌법위반 피고인은 같은 날 04:35경 제1항 기재와 같은 장소에서 술에 취하여 제1항 기재와 같이 고성을 지르다가, 112 신고를 받고 출동한 서울은평경찰서 소속 경위 C 등이 사건 내용을 청취하려고 하자 위 C에게 “야이 씨벌새끼야”라고 큰소리로 떠들고 땅바닥에 드러누워 뒹굴며 “마음대로 하라”고 소리를 질렀다.

Accordingly, the defendant left a large sound so that he flickly flicked neighbors.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared B;

1. Application of the Acts and subordinate statutes to the departments related to the reporting of 112 Incident, photographics;

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 3 (1) 21 of the Punishment of Minor Offenses Act (the point of disturbance), and the choice of fines, respectively, for the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of each of the crimes above is aggregated);

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include: (a) the Defendant did not reach an agreement with the victim of the assault; (b) the Defendant could have been punished for the same kind of crime; and (c) the recognition of and the attitude of reflecting the instant crime; and (d) other various circumstances, including the Defendant’s age, character and behavior, career, home environment, motive for the crime

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