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(영문) 인천지방법원 2018.05.11 2018고정822

폭행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On November 3, 2017, at around 02:40, the Defendant suffered an injury to the victim, i.e., the victim D (57 tax)’s face in drinking, and the victim’s face was divided by hand, and the victim suffered an injury, such as the impairment of the character of the item or other parts of the item, the string, the string of the string of the 2017 Incheon Gyeyang-gu.

2. 폭행 피고인은 2017. 11. 3. 02:52 경 인천 계양구 소재 인천 계양 경찰서 효성 지구대 내에서 위 제 1 항과 같이 폭행 건으로 임의로 동행하여 조사를 받는 과정에 피해 자가 피해 진술을 하여 경찰관이 면봉으로 안경에 뭍은 침을 채취하자 “ 진짜 침을 뱉는 게 뭔지 보여 주겠다 ”며 피해자의 얼굴에 침을 1회 뱉어 폭행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. A written diagnosis of injury;

1. Reports on internal investigation (police officers and telephone calls), investigation reports (verification of CCTVs for crime prevention), and investigation reports (Analysis of CCTV images);

1. Application of the Acts and subordinate statutes to photograph damaged photographs and to capture CCTV images;

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence), and the selection of each fine for the crime;

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;