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(영문) 서울동부지방법원 2017.05.19 2017고정65

폭행

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 23, 2016, at around 23:50 on October 23, 2016, the Defendant assaulted the victim E (the 29 years old) who was filing a divorce lawsuit at the Defendant’s house located in Seongdong-gu Seoul, Seongdong-gu, Seoul (the 29 years old) that he dealt with the Defendant, by misunderstanding that the Defendant was a dysculing the head of the victim three consecutive times, resulting in the sculing of the victim’s head, resulting in the sculing of the victim’s head, resulting in the sculbling of the victim, preventing the victim from getting out of the damage, and sculing the victim’s body by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of the head of a victim);

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 Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order asserted to the effect that there was no fact that there was a dispute with the victim at the time, or that there was no physical assault of the victim. However, in light of the following circumstances revealed by the evidence duly adopted and investigated by the court, the above assertion is acceptable, given that the Defendant’s assault, such as the crime, is recognized.

(1) At the time, the victim got out of his house and went to his neighboring district unit, and reported the fact that he was assaulted by the Defendant, and consistently stated the facts of damage from the time of the initial report to the court.

② The victim consistently made a statement from the Defendant that the victim was suffering from the head, and the victim had a considerable amount of head scarcity in the process of making a statement immediately after filing a report in the earth, and the victim had no head scarcitys even on the floor of the house located in the place of the case.

In this regard, the defendant is caused by the victim's symptoms.