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(영문) 대구지방법원 2017.07.19 2017고정1236

폭행

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 31, 2016, the Defendant: (a) set up and talked with a taxi in front of the “C cafeteria” road located in Daegu-gu, Daegu-gu, about 19:05 on December 31, 2016; (b) subsequently, the Defendant brought a dispute with a victim D (48 years) who was driving a vehicle, on the ground that the vehicle would impede the traffic of the vehicle, and subsequently, brought the face of the said D while holding the Defendant off his/her mother who was using the vehicle, and she was able to take the face and chest with the hand floor.

From that side, the Defendant: (a) committed assault against the victim E (W), who is the wife of the above D (Woo, 48 years of age) to avoid wrappinging with the Defendant; (b) took the face of the above E by his mother and child, thereby falling short of the safety of the above E; and (c) the above E assaulted the Defendant, who was in front of and in both hands, in order to prevent the above D from wrapping with the Defendant, beyond the populated floor of the above E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to E and F;

1. On-site photographs, photographs of the upper parts, opticians, and printing of field CCTVs;

1. Application of Acts and subordinate statutes to report internal investigation (the CCTV verification for committing a crime);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment for a crime (elective of a 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;