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(영문) 서울서부지방법원 2015.12.24 2015고정667
폭행등
Text

Defendant shall be punished by a fine of 600,000 won.

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

Reasons

Punishment of the crime

The Defendant was a flagrant offender who assaulted D at the Yongsan-gu Seoul apartment guard office around January 20, 2015, and was brought to the Seoul Yongsan Police Station criminal and office around 23:30 on the same day.

The Defendant, while under the influence of alcohol, was under investigation by the victim E of another assault incident, was in charge of the criminal police officer F and criminal 2 team employees, saying, “A victim who does not live in a rental apartment is grassed,” she was unable to do so at a two-hour-hour-hour-old government office, such as “I amben, ambened,” and “I ambened, I ambened, I ambened.”

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes of E;

1. Article 3 (3) 1 of the Punishment of Minor Offenses Act applicable to a crime (the point of issue and the point of issue and the selection of fines for the head of a government office);

1. Articles 70 (1) 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;

1. The grounds for sentencing under Article 186(1) of the Criminal Procedure Act to bear litigation costs are as follows: (a) comprehensively taking account of all the conditions of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, and environment, and the sentencing conditions

The defendant confessions the crime of this case.

B. The Defendant has been sentenced to a fine for a violation of the Road Traffic Act in the past and has been subject to punishment for ten times.

Public Prosecution Rejection Parts

1. Of the facts charged in the instant case, the point of the charge of assault was that “the Defendant was under influence of alcohol at the Yongsan-gu Seoul apartment guard room around January 20, 2015, on the ground that he would be bad. Therefore, the Defendant assaulted the victim’s head and the part of his head by drinking.”

2. The facts charged in this part of the judgment are crimes falling under Article 260(1) of the Criminal Act, and express intent of the victim under Article 260(3) of the Criminal Act.

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