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(영문) 춘천지방법원 강릉지원 2014.05.21 2013고정460

폭행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

피고인은 2013. 8. 1. 06:15경 강릉시 C에 있는 D 주점 맞은 편 E편의점 앞에서 피해자 F(18세, 여)와 친구가 술을 마시는 것을 발견하고 술을 같이 마시자며 명함을 건넸을 때 피해자가 받지 않고 함께 술 마시는 것을 거부하며 맥주병을 바닥에 던져 깨뜨리자 화가 난다는 이유로 주먹으로 피해자의 오른쪽 눈 부위를 1회 때려 폭행하였다.

Summary of Evidence

1. Each legal statement of witness G and F;

1. Application of each statute on photographs of damage;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act, and the defendant asserts that there was no violence against the victim.

In light of the following circumstances acknowledged by the aforementioned evidence, the victim has consistently made a statement from the investigation stage to the court of this case that the victim had the right eye from the defendant one time, and from the investigation stage to the court of this case, witness also made a statement to the effect that the defendant tried to prices the victim as a suspect and was able to have the head of the victim, and the defendant appears to have abused the victim, it can be sufficiently recognized that the defendant used the victim's right eye at one time to the right eye of the victim by drinking. Thus, the above argument is without merit.

It is so decided as per Disposition for the above reasons.