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(영문) 의정부지방법원 2017.01.19 2016고정1941
폭행등
Text

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

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

Reasons

Punishment of the crime

1. Around July 7, 2016, the Defendant assaulted the victim by taking advantage of the face of the victim E (the 41-year-old age-old age-old) at a number of times in front of the “D” restaurant located in Yangju-si, Yangju-si, without any particular reason, around July 7, 2016.

2. On July 8, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) committed an act of disturbance in the governmental office, such as: (b) the arrest of a flagrant offender on the same act as that described in paragraph (1) at the Criminal System of the Yangju Police Station located in both countries; and (c) the act of disturbance in the governmental office, such as interfering with the investigation by recording Handphones over three hours.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Investigation report (act cases at the police station of the suspect A), investigation report (as to the disturbance for cancellation of the head of the government office of the suspect, the victim F and the suspect E), investigation report (Attachment of photographs on the victim E), investigation report (as to the victim F and the suspect E), investigation report (as to the photograph of the CCTV on the suspect A, the suspect A and the defense counsel) (as to the defendant and the defense counsel, prices the victim's brea

However, the facts charged in this case are sufficiently recognized in light of the following: (a) the circumstances acknowledged by the evidence of the judgment, i.e., the victim’s statement on the developments and details of the assault, as consistent and concrete, and the CCTV photograph is consistent with this.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 260(1) (the point of violence) of the Criminal Act, Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation of official order), and the choice of fines, respectively, for the 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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