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(영문) 서울중앙지방법원 2017.04.12 2017고정99

폭행

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On November 08, 2016, at around November 25, 2016, the Defendant assaulted the victim by means of threatening with the victim D in the redevelopment partnership office of the Seoul Special Metropolitan City B 4th floor C in Seoul Special Metropolitan City.

Summary of Evidence

1. A protocol concerning the examination of suspect of each police station against D;

1. On-site reports (CCTV) and investigation reports (the CCTV image reading for addition of suspects);

1. Photographss and CCTV images (the defendant did not commit the instant crime by committing the instant crime after capturing the CCTV;

However, according to each evidence of the judgment on CCTV images, etc. in which the head at the time of the crime of this case was recorded, the defendant can be found to have a secret effect on the victim.

Therefore, the above argument by the defendant cannot be accepted.

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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;