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(영문) 부산지방법원 서부지원 2018.10.10 2018고정387
폭행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim C are members of the D Housing Redevelopment Association.

On November 16, 2017, at around 19:00, the Defendant used a conversation with other persons at the D Redevelopment Partnership's office located in Busan Seo-gu E, and assaulted the victim with the victim's own left hand and with the victim's own hand once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. CCTV images of the office of the D Redevelopment Association (the Defendant alleged that there was no assault against the victim at the time of committing the instant crime, but according to the CCTV images, the Defendant could sufficiently recognize the fact that the Defendant committed the crime as stated in the instant facts charged, and thus, the Defendant’s assertion cannot be accepted).

Application of Statutes

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;

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;

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