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(영문) 울산지방법원 2019.01.17 2018고정614

폭행등

Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The defendant is the director general of the separate post office B, and the victim C(51) was the head of the sales division of the D post office, and the victim was working for the D post office due to the shortage of workers of the above B post office.

On March 5, 2018, the Defendant, at around 15:40 on March 15, 2018, pointed out only working attitude, such as the Defendant’s absence of permission from the injured party during working hours, and on the job where the injured party is located, the Defendant: (a) sent the injured party with the front part of the injured party’s back.

Accordingly, the defendant openly insultingd the victim and assaulted the victim.

Summary of Evidence

【Crime of Madmony Assault】

1. Partial statement of the defendant;

1. Each legal statement of the witness C, F, and G [the credibility of each statement of the witness in full view of the witness's attitude, consistency of the statement, similarity between statements, consistency with the field situation of the statement, etc.];

1. A report on investigation (hereinafter referred to as "CCTV screen") (a crime of insult in the market);

1. Defendant's legal statement;

1. Application of the Act on the Legal Statement of Witness C

1. Article 260 (1) and Article 311 of the Criminal Act that applies to the relevant criminal facts, the choice of punishment, and Articles 260 (1) and 311 of the Criminal Act; Selection of each fine;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act to bear the costs of lawsuit is that the defendant continues to deny the crime; the reason for the denial of the defendant does not mean that the victim and other witnesses make a false statement according to the planning or the inducement of the D Post, and there is no intention to the victim who is assaulted and insulting; and the motive and attitude of the crime are separated from the place where the crime was transferred to the place where the crime was transferred, and it is not appropriate to oppose it.