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(영문) 창원지방법원 2017.09.15 2017고단2020
폭행등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 07:50 on May 25, 2017, the Defendant expressed a desire on several occasions, such as “A victim E and F, a police official belonging to the D District Police Team, who was called upon the Defendant’s assaulted C, to question the Defendant in relation to the above reported contents, and there are several people around the victims, such as the above C, etc., and the victims have a large voice to the victims, “I would like to am the building of the instant fake flag, I would like to am the dogfy, I would like to am the dogfy, I would like to am the dogfy, I would like to am the dogfy, I would like to am the dogfy, I would like to am the dogfy, I would like to am the amfy, I would like to am the amfy.”

Accordingly, the Defendant insultd each victims publicly.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. Application of each statute on filing of a complaint;

1. Article 311 of the Criminal Act concerning the facts constituting an offense (a point of insult as prescribed in each Article of the said Act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, assaults a student frighting on the street without any justifiable reason, and insults the police officer who was called out after receiving 112 report, without any reason. As such, the nature of the offense is not good in light of the details, method, mode, etc. of the offense.

However, the defendant reflects his fault in depth.

It seems that a person has lost self-defense while under the influence of alcohol and has committed contingent crimes.

the extent of damage is serious;

It is difficult to see it, and there is a life such as an agreement with the victim who has committed violence.

There is still no record of criminal punishment until now, in a state that has not yet been fully mature in human life and emotionally, and there is no record of criminal punishment.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be comprehensively taken into account, and the punishment as ordered.

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