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(영문) 서울중앙지방법원 2016.12.28 2016고단206
폭행
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

[Criminal Power] On February 18, 2016, the Defendant was sentenced to a suspended sentence of four years on the 26th of the same month by committing a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Seoul Central District Court.

【Criminal Facts】

At around 14:00 on July 27, 2015, the Defendant, at the F Office of Co., Ltd. where the fourth floor of the building located near the E Station No. 11 located in Seocho-gu Seoul, Seocho-gu, Seoul, the Defendant committed assault against the victim by pushing the victim out of the above office by spreading the victim’s chest with his hand in a manner such as blocking the victim’s damage to H, who is a regular manager of the said company.

Summary of Evidence

1. Legal statement of witness G;

1. Protocol of the police statement concerning G;

1. Before the judgment: The summary information inquiry of the case, the judgment (the defendant's act does not constitute a justifiable act in light of the defendant's motive, circumstance, mode of action, degree of exercise of tangible power, relationship between the defendant and the victim, etc.) is applied to each of the above evidences. The defendant's act does not constitute a justifiable act in light of the defendant's motive, circumstance, mode of action, degree of exercise of tangible power, etc. where the victim was pushed out of the office, and the defendant's act is not deemed to constitute a justifiable act).

1. Relevant Article of the Criminal Act and Article 260(1) of the Criminal Act regarding criminal facts, the choice of fines ( considered, such as motive and circumstance of criminal conduct, degree of exercise of tangible power, fact that there is no criminal record in the same kind of crime, equality in cases where a judgment is to be rendered concurrently with the crime that

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 order of provisional payment order is issued for the reasons above Article 334(1) of the Criminal Procedure Act.

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