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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On November 27, 2019, the Defendant appealed for four months by having been sentenced to imprisonment with prison labor for property damage, etc. at the Busan District Court, but on March 20, 2020, the appeal was dismissed, and the above judgment became final and conclusive on March 28, 2020.
피고인은 2019. 9. 4. 21:55경 부산 동구 B에 있는 피해자 C(여, 65세) 운영의 D슈퍼 앞 육교 엘리베이터 앞에서, 피고인이 위 슈퍼 앞을 지나던 중 피해자가 기르는 강아지가 짖는 것을 보고 “이 개새끼 나와, 불로 지글지글 지진다”라고 말하며 지나갔다는 이유로 피해자가 엘리베이터 앞까지 따라와 “니 뭐랬어, 니는 자식도 안 키우느냐”라며 따지자 “씨발년아, 가라”라고 말하며 피해자를 밀쳐 넘어뜨려 피해자를 폭행하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness C and E;
1. Each statement made by C or E in relation to the police suspect examination protocol (refluence and evidence list Nos. 1) against the accused;
1. Protocol concerning suspect interrogation of C;
1. Previous convictions: One copy of the summary agreement of the case and two copies of the judgment (the defendant asserts that there is no fact that the victim was sealed, and even if not, the defendant's act to avoid a dispute constitutes an act that does not violate social norms. However, according to the above evidence, the defendant's act in the facts charged is sufficiently recognized, and in light of the contents, method, and degree of assault, etc. of the case, the defendant's act does not constitute a legitimate act.).
1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The degree of exercising the tangible force of sentencing under Article 334(1) of the Criminal Procedure Act, equity in the case where a judgment is rendered simultaneously with the crime of causing property damage, etc. of the judgment that became final and conclusive, and other age, character, character and environment of the defendant.