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(영문) 수원지방법원 2017.05.19 2016고단6763

폭행

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

The defendant is a resident of Osan-si C apartment, and the victim D (53) is a person working at the management office of the above apartment.

around 02:00 on October 21, 2016, the Defendant, while under the influence of alcohol, stated that the Defendant would file a civil petition on a parking issue with the victim, and the victim partly revised the facts charged to the extent that it does not interfere with the Defendant’s defense right, based on the evidence duly adopted and investigated by this court.

In this regard, the victim committed assault to the victim by making a part of the victim once.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement [the defendant is found to be guilty of the defendant’s crime because the victim’s multi-story of the victim’s attempt to prevent the victim from attempting to close his door only contacted the victim’s right side, and the victim’s intention of assault is denied, but the victim’s credibility in his statement in light of the victim’s attitude of statement in court, etc. is high.]

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Although there was a record of multiple penalties for the same kind of crime with the sentencing of Article 334(1) of the Criminal Procedure Act, considering that in this case, the degree of assault is not much severe.