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(영문) 의정부지방법원 고양지원 2017.07.21 2017고단1435
폭행
Text

Defendant

A shall be punished by a fine of KRW 500,000, and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A has no specific occupation, and Defendant B is a company member.

1. On March 8, 2017, Defendant A: (a) committed assault against the victim, i.e., the victim, who was taking meals in the next table while drinking alcohol together with his son B, etc., from the victim F. (52 years of age) who was drinking by drinking alcohol with his son B, etc.; and (b) the victim was flicked by his flick with the victim’s table, and was flicked by his flick with the victim’s table; and (c) as the victim was flicked by his flick; and (d) the victim was flicked by his flick.

2. 피고인 B 피고 인은 위 일시, 장소에서, 친구 인 위 A가 피해자를 상대로 폭행하는 것을 말리던 중 피해 자가 위 A의 행동에 대해 계속 항의 하자 식당 여종업원 등이 있는 자리에서 피해자에게 “ 짱 개새끼, 개새끼 ”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 260(1) of the Criminal Act (elective selection)

B. Defendant B: Article 311 of the Criminal Act (Optional to the punishment)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The Defendants’ grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects the mistakes of the Defendants; Defendant A is the primary offender; Defendant B has no record of punishment other than the fine and two times due to this type of crime; the degree of damage; and the degree of other factors of sentencing as shown in the instant pleadings, including the Defendants’ age, sexual conduct, motive, means and consequence of the crime; and the circumstances after the crime.

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