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(영문) 부산지방법원 동부지원 2014.12.03 2014고단450
폭행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 2, 2014, around 05:25, the Defendant, on the front side of the Busan Metropolitan City Center D Center D, on the ground that loading the date purchased by the victim E (70 years of age) and the victim F (59 years of age) on the truck of the victims would interfere with the passage of the victims, the Defendant made a large speech to the victims and made a dispute.

During that period, the defendant tried to catch flaps from the victim E, flabed the victim E, flabed the victim E, flading the bridge, flading the land, and flabed the victim E face once again by drinking.

In addition, the Defendant resisted the victim F with assault against the victim E, and frightened the Defendant’s breath, spabling the bridge against the Defendant, and spawned the victim F’s bridge against it.

After all, the Defendants assaulted victims by the above method.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police suspect interrogation protocol to E and F;

1. Article 260 (1) of the Criminal Act and Article 260 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

1. In light of the fact that the defendant committed again the instant crime even though he/she had the same criminal record at several times, strict punishment against the defendant is required for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant’s mistake is divided; the degree of the assault of this case does not seem to be significant; the Defendant’s age, character and conduct and environment; the motive, means and consequence of the crime; and the circumstances after the crime were committed.

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