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(영문) 광주지방법원 2013.09.12 2013고단3302
폭행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 12, 2013, around 23:25, the Defendant: (a) expressed the victim B’s desire to see that the victim B (the age of 35) is parked in the victim’s female-friendly job offers D, and without any justifiable reason, in light of the influence of alcohol, the Defendant expressed the victim’s desire to see that “the victim was able to breath, the same age of drinking, and so on”; and (b) expressed the victim to her home, “the victim was frighting so that she would have flown drinking, so she would have come home,” while she expressed the victim’s desire to see that “the victim’s eye was frightened, and she was frightened by her head, and she was frighted by the victim’s head as the Defendant’s head.”

2. The Defendant: (a) committed an assault and damage to the victim D on the said date, at the said place, on the ground that the victim D continued to restrain the Defendant from committing the above assault; (b) took the victim’s face by pushing the victim’s face; and (c) took the victim’s face away from the road; and (d) destroyed the victim’s inner view by debrising the safety worn by the victim on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes of D;

1. Article 260 (1) of the Criminal Act (the point of violence and the choice of fines) and Article 366 of the Criminal Act (the point of destruction and damage of property and the selection of fines) concerning the crime;

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

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

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

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