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(영문) 대구지방법원 서부지원 2018.11.13 2017고정755

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

On July 11, 2017, around the 14:10th floor guard room of the Daegu-gu apartment building C, Daegu-gu, Seoul-gu, and the result of the civil action brought against the defendant, the execution officer at the defendant's house, caused defects in the execution of seizure at the defendant's house, and assaulted the victim's part of the attachment once.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Reports on internal investigation (Attachment of a medical certificate of injury), reports on internal investigation (the counter investigation of the intention of issuing the medical certificate of injury submitted by the victim), and reports on internal investigation (related to the ratio of the name of the crime);

1. During the process of internal investigation (Attachment of Apartment Image Data), -CCTV fix, - one CD of the CCTV (the Defendant and the defense counsel merely raised the speech by the Defendant’s release of enforcement-related documents to the victim at the time, and did not publish the victim’s flaps. However, according to the above CCTV images where the situation was recorded at the time, the Defendant’s flabing part of the victim’s blaps can be confirmed.

The above argument by the defendant and defense counsel cannot be accepted.

Application of Statutes

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