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(영문) 서울서부지방법원 2015.02.11 2014고정2431
폭행
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 October 17, 2014, at around 12:20, the Defendant: (a) expressed a bath in front of “C” in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) requested the victim D, who is a security team, and the victim E, to sit up in order to maintain order; and (c) used the breath of the victim D, on the ground that the breath would be bad; and (d) assaulted the victims of the victim E by cutting down his arms.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. As to the Defendant’s assertion on the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the victim, who is an employee of a security team, gave an insulting satise by taking a bath first, etc., and took a flab to oppose this, it constitutes a justifiable act. However, even if the victims expressed their desire like the Defendant’s assertion, it does not appear that the act of assaulting as a means to achieve the objective of the act of assaulting as a flab, etc.

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