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1. The defendant shall be punished by a fine of 700,000 won;
2. If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
On August 26, 2017, the Defendant: (a) around 08:45, the Defendant: (b) on the frontway in the Geum-gu Busan Metropolitan City, the Defendant: (c) on the ground that the victim D (nick, 28 years old); (d) the vehicle driven by the victim D (nick, 28 years old); and (e) the taxi driving by himself was able to take a bath in the process of changing the lane, and that the victim was able to do so.
The damaged part of the victim's neck with a sound, was tamped three times, and the damaged part was blicked with the hand floor.
Accordingly, the defendant assaulted the victim.
Summary of Evidence
1. Partial statement of the defendant;
2. Statement made by the police against D;
3. Bluice stuffs recorded in the CDs;
4. Application of each statute of photography;
1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;
2. Determination on the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in the workhouses
1. The gist of the assertion is that the Defendant only committed an act of assaulting the victim as he was on the part of the victim at the time of the instant case, but did not commit more assault.
2. Determination
A. The degree of the formation of a conviction in a criminal trial must be such that there is no reasonable doubt as to the extent of excluding any possible doubt, but the rejection by causing a suspicion of having probative value without a reasonable ground is not allowed as exceeding the bounds of the principle of free evaluation of evidence. The reasonable doubt here refers to a reasonable doubt as to the probability of a fact inconsistent with the logical and empirical rule, not including any question and faith, and it cannot be said that a suspicion based on conceptually doubtful or abstract possibility is included in a rational doubt (see Supreme Court Decision 2010Do12728, Jan. 27, 2011).