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(영문) 서울북부지방법원 2016.01.14 2015고정1304
폭행등
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On May 12, 2014, the Defendant: (a) committed assault on the part of the victim, who was tightly injured by the victim D (39 years of age) on the front side of the Seoul Western-gu, Seoul, for the reason that the victim D (39 years of age) demands a taxi fee; (b) pushed the victim’s chest on his/her hand; and (c) assault the victim’s arms by his/her hand.

2. The Defendant publicly insultd the victim by stating that “I shall do so, in the time and at the place specified in paragraph 1, the victim E, the police official dispatched after receiving a report 112, three police officers of the victim, three police officers of the victim, and the victim, who heard D, “I must do so, I must do so, and bitch bitch bitch bitch, bitch bitch bitch, etc.” to the victim.

3. Around May 12, 2014, the Defendant violated the Punishment of Minor Offenses Act: (a) took the influence of alcohol at a Myeoncpact box located in Seoul, Jung-gu, Seoul; and (b) took a bath to the police officers at this place, “A bit of bitch bitch bitch bitch bitch bitch bitch,” and “human garbage is not a ordinary waste,” and (c) took a very rough and disorderly manner at a public office for about 1 hour and 40 minutes, for a period of 1 hour and 40 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to a report of investigation (as to the form of a victim at the time of occurrence);

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation of official document), and selection of fines, respectively;

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 defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is asserted that the defendant did not assault D. However, according to the evidence of the ruling, the above argument is not accepted, since the facts charged about the assault are sufficiently recognized.

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