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(영문) 서울남부지방법원 2019.07.10 2019고정25
폭행등
Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On June 1, 2018, the Defendant assaulted the victim’s shoulder part by putting the victim’s shoulder up to the upper floor by hand, and putting the victim out of the office, on the ground that the victim D (at the age of 78) seated in the office of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu and the first floor C Licensed Real Estate Agent, and dialogueed the office, and putting the victim out of the office.

2. In the same date, time, and place as mentioned in the foregoing paragraph 1, the Defendant openly insulting the victim by putting the victim D with the large voice of “the same elderly, spawn, and the same elderly” in the same manner and place as indicated in the foregoing paragraph 1.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of a fine in regard to the facts constituting an offense, the choice of a penalty, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

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 for the provisional payment order shall be determined as ordered in consideration of the circumstances and results leading to the instant crime, the denial of the Defendant’s crime, and the fact that there are several records of punishment for violent crimes.

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