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(영문) 수원지방법원 2019.07.05 2019고단136
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. On December 28, 2018, the Defendant: (a) destroyed property damage on December 28, 2018; (b) around December 12:45, 2018, the frequency of “D” operated by the victim C(the age of 30) located in the Suwon-si B building on December 28, 2018; (c) the police officer, who received a report and dispatched on the ground that the victim parked a truck containing fishery products on the front of the lending in which the Defendant was living, prevented the Defendant; and (d) the police officer, who was dispatched on the ground of assaulted the truck on the ground that he/she parkeded the truck containing fishery products on the front of the lending in which the Defendant was living, thereby damaging the undeveloped repair cost at the market.

2. On December 28, 2018, around 19:23 on the same day, the Defendant, at around 19:23 on the same day, destroyed the Defendant’s property damage to the location described in paragraph (1), as described in paragraph (1), and found the victim, but the Defendant did not receive the victim, but did not receive the victim. However, the Defendant destroyed the part of the consignee, which was placed in front of the frequency of the frequency, and the part of the consignee, which was destroyed by the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. Application of Acts and subordinate statutes to field photographs, such as site photographs, on-site and damaged tables;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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 provisional payment order is, despite a number of violence departments (seven times of fine and two times of suspended sentence of imprisonment), the defendant committed the crime of this case in another time. However, the defendant's confession and compensation of the damage, the defendant's compensation of the damage and agreed smoothly with the victim, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., shall be determined as ordered by taking into account all the circumstances of sentencing such as the circumstances after the crime.

Public Prosecution Rejection Parts

1. On December 28, 2018, the Defendant is located in Suwon-si Building B in Suwon-si around December 28, 2018.

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