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(영문) 전주지방법원 군산지원 2018.08.08 2018고단434
폭행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 23, 2017, the Defendant: (a) was under the influence of alcohol in “C” located in “C” located in Yasan-si B prior to North Korea on December 23, 2017; (b) received a request from D, the customer of the said business; (c) obstructed the victim E (43 years of age) who works in the said D with his/her own arms, and committed assault by flaging the parts of the victim E (43 years of age).

2. On December 23, 2017, the Defendant, at the time and place specified in paragraph 1, was voluntarily accompanied by the police officers belonging to the Busan High Police Station that was dispatched after receiving a report at the place specified in paragraph 1, and on December 23, 2017, by the police officers belonging to the Busan High Police Station, who were called up for on December 23, 2017.

On December 23, 2017, at around 22:29, the Defendant requested the police officer in charge to sign and seal a letter of voluntary accompanying consent, and the Defendant left one copy of the voluntary accompanying consent at his/her own hand and damaged its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Each protocol concerning the examination of suspect of the police against D or E;

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

1. Photographs of damage and investigation report (C counter-investigation of the owner of the business);

1. Application of existing Acts and subordinate statutes to voluntary consent to accompanying;

1. Article 260(1) of the Criminal Act (the point of violence), Article 141(1) of the Criminal Act (the point of damage to public documents) and the selection of each fine for a crime;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant assaultss the victim by the method of regulating the victim’s timber, and that the defendant was on the bottom of the written consent of voluntary accompanying, a public document, is not good.

However, the Defendant appears to have recognized all of the crimes of this case, and there is no record of the same kind of crime.

These points are favorable circumstances.

These circumstances, the defendant's age, sex, environment, motive, means and result of the crime, and after the crime.

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