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(영문) 서울중앙지방법원 2015.09.11 2015고정920
특수폭행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around 23:00 on January 7, 2015, the Defendant 200: (a) walked a trial cost on the ground that drinking alcohol from a restaurant located in Gangnam-gu Seoul Metropolitan Government “D” and drinking alcohol would be bad to the victim E (the age of 32) who is a customer; (b) boomed the victim’s breath by hand; and (c) continuously parked in the above restaurant parking lot, one of the above advertising board (referred to as a dangerous object in the surrounding area, sticking an Alumin support unit on plastic water), which is an object in danger to the victim to take away from the surrounding area according to the victim who intends to take away from the said restaurant parking lot; and (d) made the part of the driver’s seat window and even door door of the said car a set-off onto the front window of the driver’s seat; and (d) made the victim take advantage of the victim’s window once again with the above advertising board so that the victim frightd with the victim’s window, and made the victim’s window over the remainder.

2. The Defendant: (a) removed one advertising board (a) which is a dangerous object, as indicated in the above restaurant parking lot at the time and time specified in paragraph (1), and damaged the said car managed by the victim by putting it together at the front line of plastic water, so that the sum of the repair cost of the said car would be equivalent to 2.8 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police suspect interrogation protocol regarding E;

1. Application of the Acts and subordinate statutes concerning photographs, CCTV closure photographs, and CCTV original CDs;

1. Articles 261, 260 (1) (o point of special violence), 369 (1), and 366 (a) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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