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(영문) 대구지방법원 2017.11.22 2017고정476
폭행등
Text

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

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

Reasons

Punishment of the crime

On October 26, 2016, the Defendant: “D” located in Busan Metropolitan City, around 22:00 on October 26, 2016; (a) committed assault against the victim E (35 years) and personnel on the ground that he/she did not engage in the business of the foregoing drinking house; and (b) assaulted the victim at one time on his/her hand.

On October 26, 2016, the Defendant 22:40 around 20 on October 26, 2016, the Defendant 2017 was wraped with E, who was aware of the fact at the mutual influent drinking house in Busan Metropolitan City, and then was wraped with E, who was fluent with E.

Since then, E left the taxi site in the cafeteria of "G" parking lot located in the Gyeongsan CityF after getting out of the drinking house.

Accordingly, the Defendant destroyed the front section, front section, and rear glass, etc. of the vehicle by using bricks, which are dangerous objects to the victim H, who is the friendly friend of E who parked in the above parking lot, and damaged the repair cost equivalent to KRW 7,335,438.

Summary of Evidence

"2017 High 476"

1. Each legal statement of witness E andJ;

1. Recording book "2017 Go-ho 593 Go-ho;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes concerning photographs of damage, a written estimate, or closure;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 369(1), Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the selection of fines for each of the crimes;

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

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