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(영문) 광주지방법원 순천지원 2018.10.19 2017고정200

폭행등

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

(2017 Highest 2189) On December 24, 2016, the Defendant drafted a written statement to the effect that, “A office run with the husband of the Defendant, who is located in B at the summer-si, D’s office entrance on December 24, 2016, at around December 24, 2016, the C office entrance was pushed off with the Defendant’s right arms, and thus, the Defendant would be subject to punishment.”

D, however, around 12:51 on December 24, 2016, there was no fact that around 12:51, the C Office entrance was sealed by the defendant's right side.

Nevertheless, the Defendant received 112 reports from the above office at around 13:20 on the same day, and submitted it to the Chief F of the Police Police Station E (SP) to which he belongs.

Accordingly, the defendant had D without the purpose of having D receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The video CD (the above video CD was taken by around 12:51 on December 24, 2016 at around 12:51, and only D was in the location of the C Office, and it clearly shows that the entrance was not sealed.

In this regard, the defendant and his defense counsel had already found D at the above location about about 10 minutes prior to the above time, but at that time D had the door door obstructed the defendant's right side, so the defendant did not report false facts.

However, on December 24, 2016, the Defendant reported damage to the police immediately after the occurrence of the instant case, and the police officer immediately called to the scene, and the Defendant did not make such statement at the time when the Defendant made a statement of damage to the police officer 13:05 on the same day. Moreover, in light of the fact that the CCTV screen around 12:51 was submitted to the investigative agency, but the CCTV screen before 10 minutes was not submitted, the above assertion is insufficient.)

Application of Statutes

1. Relevant Article 256 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. The order of provisional payment;