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(영문) 부산지방법원 2016.04.27 2015고정4393

폭행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant

A is an insurance solicitor of the 12th floor "living" located in the Busan Jin-dong, Busan Jin-dong, the Busan Jin-dong, and the injured party C (59 tax) sells the Hague color materials with the trade name "E" in the Busan Jin-dong, Busan D.

On March 2015, the Defendant came to know of the fact that the damaged person purchased the insurance at the Defendant’s request, and thereafter, the Defendant purchased chrofing materials for six months from the damaged person, but demanded refund of KRW 90,000,000,000,000,000.

On June 11, 2015, at around 13:10, the Defendant committed assault against the victim on the ground that: (a) the victim was able to take first the goods purchased by the victim and take them out of the office without paying the refund, in the above "E" office operated by the injured person who is in Busan, Jin-gu, Busan; and (b) the victim was able to take them out of the office without paying the refund.

Summary of Evidence

1. Partial statement of the defendant;

1. The recording of each statement by a witness C, F, G and H in the protocol outside the trial;

1. A witness's photograph and witness's photograph (a defendant may fully recognize the fact that there is no assault against the victim, and according to the statement by the victim and witness's assent, the defendant may sufficiently recognize the fact that he/she is shaking of the victim's leather.)

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;