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(영문) 서울남부지방법원 2016.06.28 2016고정730
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. Around December 12, 2015, the Defendant assaulted the victim’s shoulder part by having the victim C (60) around Yeongdeungpo-gu Seoul Metropolitan Government (60 years of age) set up a Ding consortium car on a alleyway with another person and interfered with traffic by making it possible for the victim to interfered with traffic, and assaulted the victim’s shoulder part once.

2. The Defendant damaged property at the same time as in the preceding paragraph, on the ground that the victim does not cut off his/her vehicle at the same time as in the preceding paragraph, the Defendant: (a) walked the back part of the passenger vehicle in the victim’s possession; (b) thereby, damaged the victim’s property so that the amount equivalent to KRW 1,134,580, such as replacement of the back pan

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The photograph of the victim;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Relevant Article 260 of the Criminal Act, Articles 260 (1) and 366 of the Criminal Act, and the choice of fines for the crime;

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 concerning the order of provisional payment;

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