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(영문) 창원지방법원 진주지원 2013.05.07 2013고정136

폭행

Text

Defendant shall be punished by a fine not exceeding 1.4 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around 14:35 on July 23, 2012, the Defendant 2013 was spiting the face of the victim E (75 years old, female) in front of the Southern Sea-gun, with the desire to spite the female's arms and spite it into the face.

around September 13, 2012, the defendant prepared a written complaint for E at the public service center of the Southern Sea Police Station located in the Southern Sea-Si, Chungcheongnam-do, South and South Korea.

The purpose of the complaint was that “Notwithstanding the fact that the complainant spits, spits, spits the arms and body to the defendant E, and spits them, the defendant E filed a complaint with the complainant and received an examination at the police station, thereby punishing the defendant E, who is the defendant, as a crime of false accusation.”

However, there was a fact that the defendant spits or spits E and spits his arms.

Nevertheless, on the same day, the defendant sent a written complaint to a police officer whose name cannot be known at the police station on the same day with the aim of enabling E to be subject to criminal punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 260 (1) of the Criminal Act and Article 156 of the Criminal Act concerning facts constituting an offense (the point of violence and the choice of fines) of the relevant Act;

1. Mitigation of self-denunciations under Articles 157, 153 and 55 (1) 6 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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