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(영문) 수원지방법원 2018.05.31 2018고정708
폭행등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. 폭행 피고인은 2018. 2. 10. 22:30 경 용인시 기흥구 덕 영대로 2077번 길 55 청 현마을 대명 레이크 빌 아파트 정문 앞 화단 앞에서 노상 방뇨를 하다가 그곳을 지나던 피해자 B( 남, 45세) 이 이를 지적하자 손으로 B의 멱살을 잡고 B의 얼굴을 때리고, 발로 B의 다리 부위를 걷어찼다.

In addition, the defendant, who takes the defendant's act as a mobile phone, has sealed the victim C (the remaining and the age of 34) into a picture, and assaulted the victims when they face C by hand.

2. The Defendant damaged property at the same time and place as set forth in paragraph 1, and left the cell phone floor of the victim C by cutting off the cell phone of the victim C, and was set off off the victim C’s inner diameter, and damaged the cell phones or the brightness with which the market price cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Images of CCTV;

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the selection of fines) concerning the facts constituting an offense, and Article 366 of the Criminal Act (the point of destroying property and the selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act argues that the Defendant was in line with the reason for sentencing of the sentence under Article 334(1) of the Criminal Procedure Act, and thus, the punishment prescribed in the summary order is excessive. However, the punishment prescribed in the summary order has already been imposed to the maximum extent possible, and thus, it cannot be mitigated even if considering the circumstances alleged by the Defendant.

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