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(영문) 서울중앙지방법원 2013.12.17 2013고단6202
폭행등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 23, 2013, at around 23:07, the Defendant: (a) committed assault on the victim D (the age of 49) who was found to have been locked by drinking in front of a duna parking lot located in Seocho-gu Seoul, Seocho-gu, Seoul; (b) had been able to discern things or make decisions under the influence of the Defendant’s body by skeing the Defendant’s body; and (c) had been able to discern things or make decisions, the Defendant committed assault on the victim’s side flick part of the victim’s body by snicking the dub.

2. When the Defendant, at the above date, at the place, and at the same time and place, and under the state that he lacks the ability to discern things or make decisions, the Defendant sent to the site after receiving 112 report that he was under the influence of alcohol and took a bath to the police officers F (44 years old) belonging to the E District Unit, who prevented the Defendant from committing the above assault, and obstructed the performance of official duties by taking the inside part of the inside of the right side of the drinking water one time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant legal provisions concerning criminal facts: Articles 260 (1) and 136 (1) of the Criminal Act;

1. Mitigation of mental disorders: Articles 10 (2) and 55 (1) 6 of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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

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