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(영문) 부산지방법원동부지원 2020.10.22 2020고단1099
폭행등
Text

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

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

Reasons

Punishment of the crime

On February 28, 2020, the Defendant destroyed goods used by public offices, on the ground that the Defendant, who was arrested as a flagrant offender on the ground that he did assaulted D at the C District Parking Site of the Shipping Police Station located in Busan, Busan, on the ground that he was aboard the patrol vehicle due to the fact that he did assaulted D, had the Defendant walked on the back of the patrol vehicle and walked on the back of the patrol vehicle, and was parked on the back of the patrol vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of investigative reports (as to attachment of patrols, photographs of damaged parts, etc.), photographs, and CD-related Acts and subordinate statutes;

1. Relevant Article 141 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and all of the sentencing factors in the trial process, including the circumstances after the crime, etc.

Sentencing Conditions : The defendant appears to have recognized the crime of this case and reflect it, and the degree of damage to patrols seems to be relatively heavy: The rejection of prosecution is dismissed by the fact that the defendant has a history of criminal punishment several times for violent crimes.

1. Around 00:10 on February 28, 2020, the Defendant assaulted the victim, such as the victim’s side flaps, the victim’s side flaps, and the victim’s face flaps, while fighting with the horse with the victim, before the victim D(48 years of age) located in Busan Shipping Daegu, Busan.

2. The conclusion of the judgment is that a crime falling under Article 260(1) of the Criminal Act is not prosecuted against the clearly expressed will of the victim under paragraph (3) of the same Article.

However, the records of this case are examined.

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