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(영문) 서울서부지방법원 2018.01.31 2017고단3333
폭행등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. Around 08:00 on September 9, 2017, the Defendant: (a) arrested a flagrant offender under suspicion of assaulting B and C at the office of the Seoul Yongsan-gu Police Station-type 24, Yongsan-gu Seoul, Yongsan-gu, Seoul, Seoul, on the same day at around 05:43, around the same day; (b) used the English language of the other case at the interpreter D (55 years) where the Defendant used the English language of the other case while taking care of the victim D (5 years) where he was in interpretation, and assaulted three times the victim’s head.

2. Around 06:40 on September 9, 2017, the Defendant: (a) expressed that the Defendant was arrested in flagrant offender as described in paragraph 1 at the office of the Seoul Yongsan-gu Police Station-type Seoul, Yongsan-gu Police Station-type 24, Yongsan-gu, Yongsan-gu, Seoul and waiting for the violation of the Punishment of Minor Offenses Act (hereinafter “The Punishment of Minor Offenses”) stating that “the criminal who is working for the Defendant will be subject to the arrest of feassing feass feass feass fass fass fass fass fass fass fass fass fass fass fass fass fass fass fass fass fass fass fass fass fass fass fas

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes on violence and photographs of the victim;

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment, and the punishment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation of official gazettes, and the choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspension of execution (limited to imprisonment, the violation of his/her mistake, the violation of his/her punishment on one occasion other than a fine, and the absence of any history of punishment, and the circumstances such as family relations);

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. Summary of the facts charged

A. On September 9, 2017, the Defendant was under the influence of alcohol in Yongsan-gu Seoul, Yongsan-gu, Seoul around September 05:43, 2017.

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