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(영문) 서울서부지방법원 2018.02.02 2017고정1347

폭행

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

On May 8, 2017, the Defendant: (a) around 16:30 on May 16, 2017; (b) around the Eunpyeong-gu Seoul Council members; (c) around the victim D (age 37); and (d) committed assault on the victim’s left margin twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement of the police statement about D (the investigative agency and the court statement of D in the victim's investigative agency and the court statement are reliable in light of its consistency, logic, and accuracy, the part memory and the contents of the part not memory, the passage of time and the changes in the reputation of the statement, whether the statement conforms to the social norms, and the attitude of the legal statement, etc., so it can be sufficiently recognized in light of the above evidence's comprehensive statement of facts constituting the crime as stated in the judgment);

Application of Statutes

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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