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(영문) 청주지방법원 2016.06.23 2015고정1022

폭행등

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On June 8, 2014, at the E office operated by the victim D (63 taxes) located in Chungcheongnam-si, Chungcheongnam-do around 10:00, on the ground that the victim D took the examination of the defendant at his meeting, the defendant was unable to escape approximately 20 minutes from the above office, for the following reasons: (a) he took a bath to the victim; (b) was pushed down with the victim’s breath; and (c) was laid on the floor on the part of the victim on his hand; and (d) was spathd with the water disease located therein.

Accordingly, the defendant assaulted the victim and interfered with the operation of funeral ceremony by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of Acts and subordinate statutes to each protocol concerning the examination of the suspect of the defendant, F or G;

1. Relevant Article 314 (1) and Article 260 (1) of the Criminal Act concerning the facts constituting a crime and Articles 314 (1) and 260 (1) of the Criminal Act concerning the choice of punishment;

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

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

1. Of the facts charged in this case, among the facts charged in this case, the non-guilty part of Article 334(1)(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant committed an assault by walking the damaged party's back at the time and place of the Defendant's ruling, and by walking the damaged party's back at several times and at the place, there is a statement in this court and the police as evidence consistent with this part of the facts charged, but the following circumstances, i.e., at the time, known by

F, G 모두 이 법정 또는 경찰에서 ‘ 피고인이 피해자의 낭 심 부위를 걷어차는 것을 보지 못하였다’ 는 취지로 진술한 점, ② 만일 피고인이 당시 피해자의 낭 심 부위를 발로 수회 걷어찼었다면 피해자는 그로 인해 상당한 부상을 입었을 것이라고 추측할 수 있는데, 기록 상 피해자가 그 무렵에 그에 관한 치료를 받았다는 점을 입증할 만한 아무런 자료가 없는 점, ③ 피해자가 피고 인의 위 폭행으로 상해를 입었다면서 상해 진단서를 제출하고 있으나, 그...