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(영문) 수원지방법원 2013.03.21 2012고정3107

폭행

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 18:15 on December 9, 201, the Defendant: (a) entered the said washing room with the knowledge that the victim G (the age of 62) who is in the lease dispute (hereinafter “E”) remains in the first floor of the said laund with the knowledge that he was staying in the said laundry room; (b) and used the victim’s flab, “I am, I am, I am, and I am,” and used the victim’s flab, and assaulted the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness G;

1. Statement of the police officer to I;

1. A criminal investigation report;

1. The photograph of a victim taken by the on-site police officer;

1. Application of Acts and subordinate statutes on telephone details;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel argued that there was no assault against the victim G as stated in the judgment of the court below in regard to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. Thus, the defendant and his defense counsel alleged that there was no assault against the victim G. Thus, the victim, immediately after the case, committed an assault at the time of the first police report, i.e., the following circumstances acknowledged by each of the above evidence, namely, the victim, from the time of the first police report of the case, "the person who seems to have a head, such as the person who suffered a good body size, the age, the late 50 years old, and continuing to work in the night color system," and the victim, from the time of the first police report of the case, made a detailed statement about the offender's appearance, and the victim's above statement about the offender's appearance corresponds to the arrival of the defendant's appearance. The victim reported the defendant's photograph on March 20, 2012 that "the defendant testified at the scene of this case."