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(영문) 부산지방법원 2017.05.18 2016고정3981
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

On June 30, 2016, from around 21:27 to 21:51, the Defendant was boarding at the bus stops located in Busan metropolitan bus stops and was seated immediately back of the bus driver’s seat up to the stop stop, and the Defendant took a photograph by using his smartphone camera in which many and unspecified women were holding a bus.

On the same day, at around 21:57, the victim F (the age of 21) discovered that the defendant took pictures of women, including the victim, in the bus that passed through the Busan Seo-gu apartment road, Busan, and took the defendant's smartphones, reported to the police, the defendant took the part of the victim's left part of his smartphones on his own hand in order to cut off his smartphones, and used the victim's smartphones in order to get off his own smartphones, and continuously wait for the police officer to get off his bus at the bus stops, he assaulted the victim again in order to write off his left part of the victim's smartphones, and assault him again while he waits for the bus with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs by cutting down the fluor of violence on a bus;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the background and motive of the instant crime, the degree of assault inflicted by the Defendant, etc., shall be considered as the principal circumstances. However, considering the fact that the Defendant recognized the mistake and took an attitude against the Defendant, and that the Defendant has no record of the crime, the punishment as set forth in the Disposition shall be determined.

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