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(영문) 의정부지방법원 2015.09.24 2015고정1624
폭행등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 22, 2015, around 11:15, the Defendant stated that the service personnel did not guide passengers in the C Station customer support room located in C Station B in Yangyang-si, Namyang-si, and the Defendant stated that he did not go through their body.

Therefore, when the victim D(the age of 26) working as social work personnel in the C Station photographs his own smartphone camera in order to keep evidence, the defendant inflicted the victim's damage on his/her own hand by assaulting the victim's losses, and at the same time, damaged the victim's property by lowering the smartphone (the market value equivalent to 600,000 won) cited by the victim to the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 260 (1) of the Criminal Act (Crime of Violence) and Article 366 of the Criminal Act concerning the crime. Article 366 (Crime of Destruction and Damage of Property)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Punishment concerning Crimes of Destruction and Damage of Property which is heavier Than that of the Criminal Act);

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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