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(영문) 춘천지방법원 원주지원 2018.06.05 2017고단834

폭행

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 22, 2015, the Defendant assaulted the Victim E (Inn, No. 42 years of age) with fat, fat, fat, etc., in the “D coffee shop” located in Won-si, Seoul, by her hand, and having the Victim fat, fat and sat, etc. go beyond the floor.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the police officers of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. Each internal investigation report (the first time 2, 4) (the defendant denied the crime, but the facts charged are recognized in full view of the statements of the victim or witnessJ.

On the other hand, violence referred to in the crime of assault means the exercise of physical or mental pain on a person's body, and it does not necessarily need to be in contact with the victim's body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, the form and type of the act, the existence and degree of pain inflicted on the victim (Supreme Court Decision 2016Do9302 Decided October 27, 2016). While denying the crime, the defendant recognizes the fact that the victim was able to suffer from the defective body and the fact that the victim was in excess of the body of the victim's body, and the crime of assault is sufficiently recognized under the Criminal Act only based on these facts recognized by the defendant).

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;