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(영문) 서울남부지방법원 2017.10.26 2017고단2778
폭행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

"2017 Highest 2778"

1. The Defendant of assaulted on April 18, 2017, at around 04:40, the victim E ( South, 23 years old) (hereinafter referred to as “the Defendant”) who drink in a place under the influence of alcohol at a cafeteria D cafeteria C2, Jung-gu, Seoul on April 18, 2017.

“The victim was involved in an examination,” and caused a dispute with the victim, and the victim was satisfyed on the victim’s chest and satisfy on the left part of the victim’s chest and satisfy on the victim’s chest.

The Defendant committed violence against the victim as above.

"2017 Highest 3767"

2. Around 13:00 on June 19, 2017, the Defendant infringed upon a residence of the victim F of Yeongdeungpo-gu Seoul, Seoul, and the victim’s residence on the second floor with stairs installed in front of the entrance of the second floor. Despite the existence of the victim’s residence, the victims made a serious desire to the victim G for about one hour, and made a significant sound. Around 16:50 on the same day, the victim went into the residence of the victim against the victim’s will and intrudes the victim’s residence.

3. On June 19, 2017, around 16:45, the Defendant damaged the victim’s property by attaching the above bicycles, such as: (a) at the front of Yeongdeungpo-gu Seoul Metropolitan Government, the victim’s G-owned bicycle was placed several times on the floor; and (b) the hand-on of the bicycle.

Summary of Evidence

[2017 Highest 2778]

1. E statements;

1. A criminal investigation report ( telephone statement) (2017 order 3767);

1. Statement by the defendant in court;

1. G statements;

1. Application of statutes on field photographs;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, 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. Reasons for sentencing of Article 334 (1) of the Criminal Procedure Act with regard to the order of provisional payment: An agreement on the degree of violence is insignificant, the crime of intrusion upon residence, and the crime of destroying property; and

0. Unfavorable circumstances: A crime during the period of repeated crime;

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