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(영문) 대구지방법원 2015.04.10 2014고단5761
폭행등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Around 03:00 on September 6, 2014, the Defendant, at the convenience store located in Daegu-gu Dong-gu, Daegu-gu, on the part of the victim E (19 years of age) and the victim’s friendship F and G carter, she considered that he/she was in the victim E (19 years of age) and the victim’s friendship F and G carter, and committed assault against the victim on one occasion at the right hand of the victim while she was in a dispute with the victim.

2. On September 6, 2014, around 03:45, the Defendant damaged public documents, within the dong-gu Dong-dong-gu 184, Daegu-gu, Daegu-gu, and was voluntarily carried out for the same reason and was under investigation on the circumstances of the instant case for the same reason, the Defendant got issued a notice of penalty payment by the police officer due to a violation of the Punishment of Minor Offenses Act, which throw away cigarette butts from the machine on the floor inside the front, and sought and damaged the notice of penalty payment by hand.

Accordingly, the defendant damaged documents used by public offices.

Summary of Evidence

1. The statements of witnesses E and G in the second protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. A criminal investigation report (a notice of penalty payment and a photograph attached), one copy of a penalty payment notice, three photographs, a criminal investigation report (CCTV verification), each entry in the CCTV page, or the application of video-related Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act (the point of violence), Article 141 (1) of the Criminal Act (the point of damage to public documents) and the selection of a fine, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated aggravation of punishment determined for injury to public documents heavier than punishment)

1. Determination on the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant does not have a fact that he/she takes the victim E with his/her left side at one time.

2. The following circumstances, i.e., the summary of evidence revealed by the evidence presented prior to the determination, namely, ①.

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