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(영문) 서울동부지방법원 2019.06.05 2019고정213
폭행등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[2019 Highly 213] On October 19, 2018, at around 20:35, the Defendant: (a) faced with the victim D (the age of 48) who was walking along a bicycle in front of Seongdong-gu Seoul Metropolitan Government; (b) fell the victim’s mobile phone; (c) at this time, the Defendant obstructed the bicycle on the ground that the Defendant does not properly die; (d) obstructed the bicycle on the ground that it is not against the Defendant; and (e) assaulted the victim by pushing the face and trees in his hand.

[2019 High Court Decision 2015] The defendant is a member of the reserve forces belonging to the Seoyang-dong, Seoyang-dong.

When the reserve forces members move their residential places, they shall report their move to the competent Dong office within 14 days from the date of their moving.

Nevertheless, on July 2017, the Defendant moved his residence from Gwangjin-gu Seoul Special Metropolitan City to F in Seoul Special Metropolitan City, and again moved his residence to Seongdong-gu G building and H around May 2018, but did not report the transfer of the members of the reserve forces without justifiable grounds so that it could not deliver the muster notice to the members of the reserve forces. Thus, the Defendant was registered for unknown domicile on August 23, 2018.

To the extent that there is no substantial disadvantage in the defendant's exercise of the defendant's right of defense, part of the charges were revised.

Summary of Evidence

[2019 High Court Decision 213]

1. Defendant's legal statement;

1. Written statements of D;

1. CCTVs, videos, photographs, CDs at the time of occurrence (2019 high-level 215);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusations (including resident registration record cards (including certified copies of resident registration cards whose residence is unknown);

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, Articles 15 (2) and 6-2 of the Reserve Forces Act, and the choice of fines;

1. From among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the aggregate of the maximum amount of the crimes of two concurrent crimes stipulated for a crime of violating the Reserve Forces Act heavier than the 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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