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(영문) 대전지방법원 천안지원 2016.09.30 2016고정372
폭행
Text

Punishment on the accused shall be determined by a fine of 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

A victim C is a tourist bus engineer and the defendant is a person who acts on behalf of the victim.

On February 6, 2016, around 00:45, the Defendant committed assault, such as flabing the victim’s bat around the steel station in south-gu, Nam-gu, Namcheon-gu, by drinking flabing with the victim as a substitute fee, and the victim took bat around twice the bat of the Defendant’s bat, and bating the bat and face of the bat.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement on F made by the police with respect to F (the content that the Defendant and the victim witnessed, such as gathering the victim’s ebbbbbage, turning the victim’s ebbage into the center of the road continuously and turning the ebbbat, etc. to the center of the road);

1. The photograph (the victim's strings) (in light of the course and contents of the crime in this case, the degree of tangible force inflicted on the victim, the relationship between the defendant and the victim, the defendant's behavior at the time, etc., it is difficult to view that the defendant's act constitutes a legitimate defense to defend the present unfair infringement)

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;

1. The grounds for sentencing under Article 186(1) of the Criminal Procedure Act, the form and degree of the instant crime, the records of criminal punishment by the Defendant, the fact relevance of the Defendant itself, and some of the circumstances that can be considered in the process of the instant crime, including the Defendant’s age, sex, and environment, shall be determined as ordered by taking full account of the various circumstances shown in the instant trial, including the Defendant’s age, sex, and environment.

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