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(영문) 전주지방법원 군산지원 2019.06.26 2019고단418

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is engaged in agriculture, and is a resident of the same village as the victim C (Nam, 85 years of age) in the village.

피고인은 2018. 4. 17. 11:00경 군산시 D에 있는 B경로당 안에서 피해자를 포함한 마을주민 10여명을 상대로 마을기금 사용 건에 대해 회의를 하던 중 피해자가 입출금내역을 확인할 수 있게 복사해서 나눠줘야 하는 것 아니냐고 말하여 피해자와 말다툼을 하던 중 한손으로 피해자의 멱살을 잡아 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the suspension of sentence against the defendant shall be suspended considering the following facts: (a) the degree of violence is minor; (b) the defendant is the first offender who has no previous record; and (c) the victim thought that he has obstructed the defendant from receiving benefits as a tax resident; and (b) the defendant had been able to continue his trial expenses prior to this case; (c) the defendant again had a new objection, which would have resulted in late accusation at the point of time after ten months since the occurrence of the case