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(영문) 대구지방법원 김천지원 2017.02.14 2016고정338
폭행등
Text

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

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

Reasons

Punishment of the crime

1. Around 00:00 on February 17, 2016, the Defendant, on the ground that the victim D, who had worked as the same kind in the studio C Studio parking lot, did not go through any contact, and on the ground that he did not receive telephone, the Defendant: (a) carried the victim’s hand son who had no parent, she was boomed with “Cp. Sick son, who did not have a parent, once she she was frighted to the victim; and (b) assaulted the victim’s right-hand bridge part once.

2. On February 17, 2016, at the F parking lot located in Gumi-si E around 02:00, the Defendant first assaulted the victim, as described in paragraph 1, and the Defendant was bleeped with each other, and the Defendant used a part of the victim’s face once by drinking, and assaulted the victim’s body part once by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness D, G and H’s statutory statement legislation;

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act and the choice of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s primary offender; (b) the circumstances leading up to the instant crime; and (c) the Defendant’s age, sex, environment; (d) motive, means and consequence of the crime; and (e) the circumstances constituting the conditions for sentencing, such as the circumstances after the crime, shall be comprehensively considered and determined as ordered.

The acquittal portion

1. The summary of the facts charged: (a) around 00:00 on February 17, 2016, the Defendant: (b) destroyed the part of the instant unit to make an estimate equivalent to the market value of the next repair cost due to the discovery of the parts of the instant unit, which was owned by D and owned by D on the ground that D was absent without permission due to the absence from work as D in the studio Cudio parking lot at the Gu-Si, Gu-si, Seoul; and (c) caused the damage to its utility.

2. Determination

A. The burden of proving the facts charged in a criminal trial is that the prosecutor bears the burden of proving the facts charged, and the finding of guilt is sufficient that the judge has no reasonable doubt.

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