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(영문) 수원지방법원 성남지원 2017.03.10 2017고정45

폭행

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 24, 2016, at around 22:20 on July 24, 2016, the Defendant heard that the victim E will talk with the Defendant, such as the victim E (at the age of 25), and followed it, while the Defendant was in a mutual dispute, the Defendant used the victim E at a time when the victim was inside the Defendant due to drinking and the chest part of the Defendant, and used both arms against the victim for drinking, and assaulted the victim by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A report on investigation (a statement of witness F);

1. On the ground of violence, photographs of damaged parts, CCTV CDs [a defendant denies a crime, but it is recognized that the defendant committed an assault against the victim, such as cutting off his/her arms, in light of the above CCTV video CDs, etc., and it is also recognized that the defendant exceeded a simple passive resistance in light of the degree of the use of his/her tangible force];

Application of Statutes

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