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(영문) 서울북부지방법원 2017.05.10 2017고단754
폭행등
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. The Defendant, on February 19, 2017, committed assault, on the second second floor of “C bicycle race track” located in Jung-gu Seoul, Jung-gu, Seoul, on the following grounds: (a) the victim D (31) who is an employee of the said bicycle race track (31) changed tobacco in a non-smoking building; (b) how the fine would be imposed;

그깟 것 내면 그만이다.

The term "whether or not he has lost the money here," and the tobacco attached thereto was collected by the victim and was suitable for the happiness of the victim.

Accordingly, the defendant assaulted the victim.

2. The Defendant: (a) notified the victims E (31) and the victims D (31) of “no person who is an employee of the C bicycle race track,” and returned home at the same time and place as paragraph (1); (b) refused to use the bicycle race track while drinking; and (c) obstructed the victims’ duties of safety management of the bicycle race track by force by avoiding the disturbance between about 20 minutes of time and at the same time and place as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Relevant Article 260 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting an offense; Article 260 of the same Act concerning the selection of punishment (opportunetype) and Article 314 (1) of the Criminal Act;

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

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