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(영문) 부산지방법원 서부지원 2019.01.25 2018고단1523
상해등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 06:30 on July 1, 2018, the Defendant: (a) sought a mobile phone in front of the restaurant “C” located in the Busan Shodong-gu, Busan; (b) sought a mobile phone while drunkly under the influence of alcohol to the victim D (the age of 49) who is a street cleaners belonging to the Busan Sho-gu Office; (c) searched the victim’s body and searched the victim’s body; (d) faced the victim with the victim’s check; and (e) continuously assaulted the victim by assaulting the victim, such as the victim’s arms and flaps, and flaps and tensions, which require treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of E and D;

1. A written diagnosis of injury;

1. Videos, such as CCTV;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. An attitude against the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, the defendant's attitude is against the defendant's reason for sentencing on July 12, 2018, and the defendant's punishment is not imposed against the defendant. The defendant's circumstance leading to the crime of this case, specific developments leading to the crime of this case, the form and degree of harm, circumstances after the crime, criminal records (including the absence of criminal records exceeding fine), other factors for sentencing, such as the defendant's age, character and behavior, environment, family relationship, social relation, etc., shall be determined as ordered in a comprehensive manner.

The acquittal portion

1. The summary of this part of the facts charged is that the defendant assaulted D as stated in the facts charged and obstructed the legitimate execution of duties in relation to the environmental U.S. dollars of the street cleaners who is a public official.

2. Article 136(1) of the Criminal Act provides that “A person who assaults or threatens a public official performing his/her duties shall be punished by imprisonment for not more than five years or by a fine not exceeding 10 million won.”

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