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(영문) 수원지방법원 2016.04.14 2015고정2609

폭행

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On July 24, 2015, around 08:25, the Defendant assaulted the Victim E (50) on the part of the Defendant’s body part of the Victim E (50 years of age) with his hand, when the Victim E (50 years of age) told the Defendant to repair the machinery on his own, even though he got her to use the machinery on his own. The Defendant assaulted the Victim two times on the part of the Defendant’s body with his hand and her hand on the part of the Defendant’s hand, and she was tightly pushed the Victim’s clothes and was tightly pushed the Victim’s body part with his clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The police interrogation protocol for E (the defendant and his defense counsel asserted that the defendant unilaterally had face from the victim and did not have any assault the victim by setting up against it. However, according to the evidence above, as the defendant was subject to violence from the victim, the victim's clothes are found to have been pushed down with the victim's body, and the victim's body cannot be seen as being merely a passive defense act, and the above argument 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the victim first assaults the defendant and then causes the defendant to commit the crime in this case, and the circumstances may be considered, and the punishment as ordered shall be determined in light of the relation between the defendant and the victim, the degree of the violence committed by the defendant is not serious.