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(영문) 수원지방법원 성남지원 2017.10.27 2017고단488

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 November 12, 2016, 2016, the Defendant: (a) at around 12:30 on November 12:30, 2016, at the D store located in Gwangju-si, demanded to refund in cash the goods purchased before the victim E (56: 56), “I do not interfere with business”; and (b) assaulted the victim by pushing the victim’s chest with both hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The defendant and his defense counsel asserts to the effect that no CD (CCTV), on-site photographs (the date and time stated in the judgment, and the victim's chests have been pushed up at the place specified in the judgment.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., the credibility of the victim's statement, i.e., the consistency of the victim's statement, ii) the entrance door of 13:02:35 is opened at the time of filming, 13:02:40, 13:02:40, the door door of the defendant's horse from the opening of the entrance to the opening of the entrance within the store, 13:02:53, 13:02:59, on the face of the defendant's arm's length towards the defendant, 13:02:59, can be seen as constituting the crime of this case, even if the victim was pushed the victim, and the victim was able to make a false statement to the defendant's horse after the victim was tightly opened, and the victim's arm's length was reported to the defendant's length of the defendant's body.

Considering the possibility of CCTV in the store operated by the Defendant’s parents, the above argument by the Defendant and the defense counsel is without merit).

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 of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.