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(영문) 수원지방법원 2019.07.12 2018고정326
폭행
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

1. On July 18, 2017, Defendant A assaulted, as his hand, the victim’s flab, on the ground that he did not have any dispute with the victim D(38 years of age) due to delayed payment of wages, on the ground that he did not mislead the victim to pay money.

Summary of Evidence

1. Statement made by witnesses E in the third protocol of the trial;

1. Application of Acts and subordinate statutes to the suspect examination protocol of the police as to D;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 (Article 334(1) of the same Act provides a relatively detailed statement as to the part where the defendant and the victim made a statement somewhat passive but at the time of this court’s statement. When comprehensively taking into account the witness’s statement and the 112 reported report, it is difficult to believe that the defendant’s change was unilaterally made against the victim, and ( even if the victim’s assault exceeds the degree of assaulting the defendant, it is recognized that the victim committed assault, such as breathing breath, etc.) as indicated in the facts constituting a crime, it is sufficiently recognized that the defendant committed assault. However, the case is relatively minor, the case is relatively minor, the defendant was subject to more assault from the victim, the fact that the defendant was the first offender, and the facts charged with the more serious behavior were deleted due to the changes in indictment, etc., the amount of fine determined by the summary order shall be partially reduced.

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