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(영문) 서울서부지방법원 2013.09.09 2013고정2126
특수폭행등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around September 15, 2010: (a) on September 23:15, 2010, the Defendant used the victim’s left head with cement brick, which is a dangerous object that was lowered from the vehicle, in the victim C(50 years of age) in front of 102 apartment building B, Mapo-gu Seoul Metropolitan Government 102, and used the victim’s left head with the wall.

2. The Defendant causing special property damage, at the time and place of the above Paragraph (1) above, destroyed the above brick, which is a dangerous object cited by the victim for bullying from the victim, to the car of the said lele, the victim owned, thereby getting off the front door of the driver’s seat and falling off, thereby causing approximately KRW 2.50,000 of the repair cost to be reduced.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of the statutes on bricks and suspect C, and photographs of damaged vehicles;

1. Articles 261, 260 (1) (a) and 369 (1) and 366 (a) of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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