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(영문) 광주지방법원 장흥지원 2017.09.21 2017고정19
폭행등
Text

Defendant

A shall be punished by a fine of KRW 500,000 and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. At around 11:30 on January 12, 2017, the Defendant’s insultd the victim by openly citing the victim’s “in the process of compulsory execution by the victim E, a creditor, two enforcement officers, and two police officers belonging to the military police station for the head of Heung-gun, who are affiliated with the police station for the head of Heung-gun,” in the process of compulsory execution by the victim’s residence.

B. Around 11:45 on January 12, 2017, the Defendant assaulted the victim E’s head on a one-time basis by her hand at the above Defendant’s residence, and her head on a one-time basis.

2. Defendant B, at the date and time, at the place, as described in paragraph 1-A(a) and at the place, two enforcement officers and two police officers, etc. are heard, as described in paragraph 1-A(a) and Defendant B, to the Victim F, who is the mother of the Victim E and E, “I do so for the same year, and do so to the other party,”

그 어미에 그 새끼지, 남의 집에서 빤스 벗는 년이다, 쌍 노무 새끼야, 싹 바가지 없는 새끼, 이 새끼야, 병신 같은 년 놈 들” 이라고 욕설하여 공연히 피해자 들를 모욕하였다.

Summary of Evidence

Section 1-A of the holding

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Paragraphs (b) and (2) of the Judgment No. 1 of the Recording Book (No. 24 of the Evidence List);

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of a recording recording (part of 24 of the list of evidence);

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 260(1) of the Criminal Act (the point of violence) and Article 311 of the Criminal Act (the point of insult) and Defendant B: Article 311 of the Criminal Act (the point of insult);

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each alternative fine for punishment;

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

1. Fully considering the following: (a) the period of sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendants’ age, sex, environment, circumstances before and after the commission of the crime, and the circumstances before and after the commission of the crime; and (b) the conditions of all the sentencing as shown in the arguments.

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