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(영문) 서울중앙지방법원 2017.09.20 2016고정3675

폭행

Text

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

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

Reasons

Punishment of the crime

On September 7, 2016, around 07:50 on September 7, 2016, at the front of the D cafeteria located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant 10,00 won, holding the victim E (54 years) together with drinking together with drinking in his/her workplace, and provided the victim with “scoping alcohol.”

As a result, the victim has taken the alcohol without any particular reason, the defendant expressed her desire to the victim, and assaulted him/her when he/she takes her with his/her hand.

Summary of Evidence

1. According to the statement of the police interrogation report on E (the statement of the police's response to the detection of the location of the police preparation), it is recognized that E constitutes "when it is impossible to make a statement because it is unknown or there is any other similar cause" as prescribed in Article 314 of the Criminal Procedure Act, and the above interrogation protocol was proved to the extent that there is reasonable doubt that the statement was made under particularly reliable circumstances in light of the fact that E was arrested in the act of crime on the day of the crime, the existence of the statement, and the circumstance of the case, etc.

As such, the above evidence is admissible in accordance with Article 314 of the Criminal Procedure Act, and its credibility is recognized).

1. Application of Acts and subordinate statutes to photographs damaged;

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

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;