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(영문) 대전지방법원 2017.12.07 2016고정1452

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant and the Victim C (the remaining and the age of 38) are known to each other in the advertisement-related business relationship. The Defendant, around 14:00 on May 12, 2016, assaulted with the victim in the process of dispute with the victim who visited in order to receive the outstanding amount of the advertising materials supplied at the Daejeon-gu, Seo-gu, Daejeon-gu, and the second floor “E” office, and with the victim who visited in order to receive the outstanding amount of the advertising materials supplied, the Defendant and the Victim C (the age of 38) assaulted with the victim by cutting down and pushed down the part of the victim two times above.

Summary of Evidence

1. The legal statement of the witness C;

1. Part of C’s statement concerning the suspect interrogation protocol against the accused in the prosecution;

1. Statement made by the police against C;

1. C’s statement;

1. Photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order was that there was no physical contact except that where the injured party finds the defendant's office and takes a large sound, scams the victim's disturbance, scambling the victim's disturbance, and talks at the meeting room, and talks about the defect

However, the victim, since the investigative agency to the court, had consistently maintained the Defendant’s hand on the back of the back, and had the Defendant tightly kicked his hand on the back of the back of the back, and had knicked two or more times by doing so.

In full view of the circumstances such as the fact that if the defendant made a statement and the defendant's purpose is to mislead the victim, the victim's statement is deemed to have been trusted, and thus, the defendant and his defense counsel's assertion is not acceptable.

Although the degree of assault for the reason of sentencing is minor, there is no denial of mistake, and there is no reason to reduce the fine of summary order due to many criminal records such as violence.