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(영문) 서울남부지방법원 2016.11.17 2016고단3710
폭행등
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. Around July 17, 2016, the Defendant: (a) committed assault on the street before Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, by taking the influence of alcohol, and without any reason, committed assault by taking the victim F (the age of 69) who is a Chinese travelr at his/her hand one time in his/her hands.

2. The Defendant committed an act of obstruction of performance of official duties on the same date and time as stipulated in paragraph (1), and at the same place as stipulated in paragraph (1), and received questioning from H, a police officer belonging to Seoul Young Military Police Station G G, about the background of the assault case as stipulated in paragraph (1), and obstructed the police officer’s legitimate performance of duties in relation to the investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes to report investigation and on-site departure;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of each fine for the 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 sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter referred to as the “Provisional Payment Order”), deposit one million won with the police officer who has been assaulted to compensate for damages, the primary offender’s age, details of the crime, degree of damage, circumstances after the crime, etc. shall be determined as ordered in consideration of all the circumstances.

Public Prosecution Rejection Parts

1. On July 17, 2016, the Defendant: (a) around 22:57, on the street in front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) on the one hand, at the time when, under the influence of alcohol, the victim D (the age of 37) who was a tour guide who was verbally breacing from her her son, was bread, and committed assault against D, without any reason.

2. The judgment is an offense falling under Article 260(1) of the Criminal Act, and is expressed by the injured party in accordance with Article 260(3) of the Criminal Act.

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