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(영문) 서울중앙지방법원 2016.08.31 2016고정1984

폭행

Text

Defendant shall be punished by a fine of KRW 80,000.

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

Reasons

Punishment of the crime

On December 28, 2015, around 01:35, the Defendant: (a) requested a victim C (n, 27) to drink alcohol together in the vicinity of the Seocho-gu Seoul Metropolitan Government B building; (b) was refused; (c) the Defendant, having a conflict with the victim C with the victim C, was scambling the victim C’s head debt; and (d) the Defendant assaulted by scambling the victim D (n, 25 years old) with the victim’s head debt at the time when the victim D (n, scam, 25 years old) was scambied; and (c) the Defendant was scambling against another person’s will by exercising a tangible force against another person’s will; and (d) the background leading up to the dispute at the time, the Defendant can be evaluated as assaulting the victim’

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement (C, D, E, and F);

1. Each police statement made with respect to C and D;

1. Statement made by the prosecution with regard to G;

1. Cybal images;

1. Application of Acts and subordinate statutes to the investigation report (Czeb analysis);

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;