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(영문) 서울중앙지방법원 2020.02.12 2019고단7064
폭행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 21, 2014, the Defendant was sentenced to a suspended sentence of six months in Seoul Southern District Court for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, Etc., a deadly weapon, etc., and two years of a suspended sentence. On January 24, 2018, the Seoul Southern District Court was sentenced to a suspended sentence of six months for special intimidation, etc.

2. The Defendant is a person working as a director of C who constructed B apartment and is engaged in the duty of exercising lien, etc. relating to B apartment.

On September 24, 2019, the Defendant: (a) around 23:10 on September 24, 2019, at the entrance of the Seocho-gu Seoul Metropolitan Government apartment, provided 20 services employed by D Co., Ltd. in relation to the exercise of rights after auction; and (b) provided 20 services employed by B apartment with each other, for mutual trial costs, due to the entry of B apartment entrance door. While the Defendant was under the influence of alcohol, he was able to hear the insulting horses of B apartment entrance, such as large head E from D Co., Ltd., and was able to hear the insulting horses of D Co., Ltd., by hand, he was able to b4 years old; (c) the head of G (22 years old); and (d) the back of D Co., Ltd., by hand

Accordingly, the defendant assaulted victims respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to a record - mobile phone images and caps), criminal history records, reply reports (A), investigation status (former record), injury diagnosis reports, and injury diagnosis reports;

1. Relevant Articles 260 (1) and 260 (1) of the Criminal Act concerning the facts constituting a separate crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant committed violent crimes on several occasions and again committed the same kind of crime, despite the fact that he/she had the record of criminal punishment, is disadvantageous to the defendant.

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