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(영문) 전주지방법원 2015.09.17 2015고정196
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the charge of assault against C is acquitted.

Reasons

Punishment of the crime

At around 05:00 on September 26, 2014, the Defendant assaulted the victim by scambling F, G, C, and the victim H (18 years of age) with the victim’s hand floor, which was caused by the noise of vehicles parked by F in front of the E-cafeteria Park Jin-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness H and I;

1. Statement to the prosecution of I;

1. The police suspect interrogation protocol of H;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on report of occurrence of violence;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Determination as to the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The summary of the argument is only the fact that the defendant speaks on fighting, and there is no fact when her blick with the victim H.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① A made a statement at the police to the effect that “A defendant was subject to assault, such as 3 or 4 times a head debt,” and also made a statement to the same effect in this court, ② A made a statement at the police station to the effect that the defendant was assaulted by H (48 pages of the evidence record), ② A made a statement at the prosecutor’s office to the effect that the defendant was involved in her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her face in this court.

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