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(영문) 대전지방법원 2016.10.21 2016고정401

폭행

Text

1. The defendant shall be punished by a fine of three hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

At around 02:50 on December 16, 2015, the Defendant was assaulted by the victim’s chest at a hospital emergency room located in Daejeon Jung-gu, Daejeon on the ground that the above hospital did not harm treatment. The victim E working at the hospital’s home department moves to the above emergency room after moving the Defendant, who was living at the hospital’s home department, to the above emergency room, and putting the Defendant’s left upper part of the breast part of the Defendant’s breast part of the breast part of the breast part of the Defendant’s breast part of the drinking. In response, the Defendant assaulted twice the victim’s chest by drinking.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes to the internal investigation report and investigation report (The CCTV Video Recording Review in the D Emergency Station of D Hospital) [In full view of the following: (a) the Defendant’s assault part is specific and consistent as to the Defendant’s assault; (b) there is no part inconsistent with the F’s statement; (c) the credibility of the Defendant’s statement is recognized in light of his attitude; (d) the circumstances of the instant transfer in which the Defendant and the victim had argued that the Defendant would have been faced with the Defendant immediately after the Defendant was abused by the Defendant; and (e) the victim’s attitude immediately after the instant case where the victim E had talked that the Defendant would have been faced with the Defendant]

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The victim's injury has not been recovered; the defendant has been hindered in the hospital's business, such as avoiding disturbance at the hospital immediately before the crime of this case; circumstances favorable to the defendant, including twice the criminal records of the same kind of crime, which have five criminal records: The degree of assault used by the defendant is light, and the victim does not feel any pain; thus, it appears that the victim did not feel any pain.