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(영문) 부산지방법원 2018.06.07 2018고정441
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 30, 2016, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Busan District Court on June 13, 2017, and the judgment became final and conclusive on June 13, 2017. On July 7, 2017, the Defendant was sentenced to 7 months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) in the same court, and the judgment became final and conclusive on September 22, 2017.

On December 8, 2016, at around 01:30, the Defendant sent the victim B (46) who is an acting engineer in the vicinity of the SK apartment located in the Busan BY 9-dong, Busan. On December 8, 2016, the injured party got to have a dispute with the victim by putting on the kick, carrying on the kick, and driving on the kick with him.

Around 02:05 on the same day, the Defendant, while engaging in a dispute as above, committed assault against the victim by: (a) having ceased to drive on his behalf in front of the D convenience store located in Busan Metropolitan Government C; (b) having reported 112 at the end, having received a substitute fee from the defective victim; and (c) having taken the face of the victim due to the pulmonary death in his hand.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers against the defendant or E;

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

1. Previous convictions: Inquiry into criminal records and investigation records, inquiry into case summary information, and application of each statute of a judgment;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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