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(영문) 서울중앙지방법원 2018.07.19 2017고단4822
특수폭행
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is accommodated in the underground passage in front of the Jung-gu Seoul Metropolitan Government C Bank.

around 17:35 on June 21, 2017, the Defendant: (a) concluded a security service agreement with the C Bank in the Jung-gu Seoul Special Metropolitan City, Jung-gu, and (b) concluded a security service agreement with the C Bank; (c) caused the victim D (29 tax) who is a security guard belonging to the C Bank to remove water from the C Bank; and (d) caused the Defendant to lock down the said D’s timber with the left hand; and (d) caused the Defendant to take away each item of the said D, which is a dangerous object (6cm in length, 4cm in thickness) brought by the Defendant on his hand, in order to take the Defendant’s hand from his hand.

The Defendant continued to assault the victim E (25) who is a security guard of the same company that has been engaged in the business of managing access with D, and the Defendant’s Do and the Defendant’s humping, resistance, and each humping of trees. In the process of displaying the humping, the Defendant assaulted the right side of E with each item.

In this respect, the defendant did assault another person while possessing dangerous objects.

Summary of Evidence

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune selection);

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

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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