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(영문) 광주지방법원 순천지원 2015.03.24 2014고정757
폭행등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On April 30, 2014, the Defendant called “F made a complaint against D Apartment 106 Dong 810, 106, 106, and Doz.” The Defendant made a statement to the effect that “F made a sexual indecent act against G, thereby making a complaint to the Macheon Branch Office,” although the victim F did not have committed indecent act against G, the Defendant’s wife.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. On May 11, 2014, the Defendant assaulted the victim on the ground that the victim F(60 years of age) would be in front of D apartment 106 at the time of inn, D apartment 106, and the victim F(60 years of age) would be in relation to defamation cases as set forth in the above paragraph 1. However, the Defendant driving a vehicle with disabilities aboard the Defendant driving the vehicle with the disabled, leading the victim to the right side of the front side of the road, leading up to the victim’s left edge.

Summary of Evidence

1. A defendant's partial statement in court (a statement to the effect that the facts about defamation are recognized);

1. The witness F and H’s legal statement (the defendant alleged that he did not assault the F in a way that it is against the F’s development, etc., but considering the fact that the F and H’s statements are consistently made from the investigative agency to the court, etc., the witness’s testimony may be trusted, and therefore, the fact of assault against the defendant is also acknowledged);

1. Statement of police statement made to F and H;

1. Application of F’s accusation statement, written statement, police suspect interrogation protocol of E to the police officer protocol;

1. Relevant legal provisions and the election of defamation against criminal facts: The point of assault under Article 307 (2) of the Criminal Act: Selection of a fine under Article 260 (1) of the Criminal Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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