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(영문) 의정부지방법원 2014.06.10 2013고단2565
상해등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 01:40 on June 4, 2013, the Defendant assaulted the victim’s stroke in two hands, i.e., the Defendant, on the ground that the victim’s defense was made against the victim E (the age of 32) of the victim E (the age of 32) parked in the parking lot near the Macheon-si, Macheon-si.

2. Around 02:30 on June 4, 2013, the Defendant was under investigation in the state of alcohol with respect to the injury case as stipulated in the above paragraph (1) at the Fa of the Gacheon Police Station, and the Defendant was urged by the victim G, a police officer affiliated with the said police box, to refrain from the disturbance. In the presence of several people, such as four persons accompanying the Defendant in the said E and the said police box, four police officers of the said police box, etc., the Defendant would throw away from the victim himself/herself under the influence of alcohol. The Defendant publicly insulting the victim by saying, “I am fa fa fa fab fab fab fab fab fab fab fab fab fab fab fab fab fab.”

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Statement made by a witness I in the fourth protocol of the trial;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of a fine for the crime, the choice of a relevant Article of the Criminal Act, the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The following circumstances are taken into account: (a) although the Defendant was indicted for an initial injury to the Defendant on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act; (b) as a result of the examination, the name of the offense was changed due to an application for change of indictment by the prosecutor; (c) the Defendant confessions and reflects the changed criminal facts; and (d) the Defendant has no other criminal records other than a fine for drunk driving once.

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