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(영문) 서울남부지방법원 2018.06.19 2018고정399
폭행등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. From November 27, 2017, around 23:05 on November 27, 2017, Defendant A’s sole crime committed assaulting the victim E (46 years old), who is an employee of convenience store in Guro-gu Seoul Metropolitan Government, by lending a horse to the victim E (46 years old), and on the ground that the victim did not lend a horse as soon as possible.

2. The Defendants jointly committed the crime, from around 00:03 on November 28, 2017 to around 00:59, obstructed the victim’s legitimate convenience store business operation by force for about 56 minutes, by finding out the victim’s convenience store as prescribed in paragraph 1 at the same place as Paragraph 1, on the ground that the victim reported himself to the police, and preventing the victim from entering the victim’s convenience store by taking advantage of the aforementioned convenience store, such as “sprinke, spacting,” and entering the victim’s convenience store and leaving the convenience store.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of witness E;

1. Each statement prepared by E;

1. Application of investigation reports (the counter-investigation of victims and CCTV investigations) and CCTV video-related Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act (the point of violence) and Articles 314 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes (Defendant A) (to the extent that the maximum amount of the fine prescribed for each crime is aggregated), Articles 37 (former part), 38 (1) 2, and 50 (Article 50) of the Criminal Act;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Defendant A is bad to commit a crime, such as assaulting the victim, obstructing the business of the victim, etc., for a reason that it is difficult to understand the victim.

Damage victims are strongly punished by the defendant.

Defendant is against his maternity.

하지만 실제로는 반성의 빛이 전혀 없고, 오히려 피해 자가 피고인을 폭행했다는 취지로 뻔뻔스러운 허위 주장을 하고 있다.

Uniforms and slots that are inappropriate to the court are new.

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