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(영문) 서울중앙지방법원 2013.11.27 2013고정2226
폭행
Text

Defendant shall be punished by a fine not exceeding two hundred thousand won.

If the defendant fails to pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

At around 13:00 on March 20, 2013, the Defendant served together with the victim E (the age of 52) in the “D” factory located in the 3rd floor in Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul, where he works for himself, and the Defendant abused the Defendant’s breath by putting the Defendant’s breath and head seed with his hand, thereby harming the Defendant’s breath by putting the Defendant’s bat and head seed, and assaulting the Defendant’s bather bat and head seed.

Summary of Evidence

1. Police suspect interrogation protocol for E [the location of E, which is the original person making the original statement required to make a statement concerning the facts constituting the offense of the accused, cannot be ascertained; adoption of evidence under Article 314 of the Criminal Procedure Act];

1. Application of Acts and subordinate statutes to each photograph;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of a fine for selective punishment (the principle prohibiting disadvantageous changes due to requests for formal trial against a summary order);

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

1. The following circumstances as to the circumstances of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, namely, ① the minor degree of assault, ② the circumstance of the crime, ② the defendant and the victim have set the amount of fine in favor of the defendant by setting up against the assault first committed by the victim at the end of the dispute between the defendant and the victim.

It is so decided as per Disposition for the above reasons.

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