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(영문) 수원지방법원 2019.07.19 2018고정1419
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

[Criminal Power] On July 6, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., at the Suwon District Court on January 17, 2019, and the said judgment became final and conclusive.

【Criminal Facts】

On December 3, 2017, around 04:13, the Defendant assaulted the victim’s shoulder part one time with his/her head with his/her face in the face of the victim B (the age of 24) and the sirens insurance proceeds management on the roads of the Singue Mari-ro 368, Sinung-si, Sinung-si, Mati, 368.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Examination protocol of the accused by prosecution;

1. Previous records of judgment: Criminal records, written judgments, and application of Acts and subordinate statutes significantly true to this court;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 (see, e.g., Article 334(1) of the Act on the Aggravated Punishment, etc. of the Criminal Procedure (see, e., Supreme Court Decision 2006Da1548, Apr. 1, 2008) stipulates that each of the statements made by a witness B and C is consistent with the investigative agency and the court. The witness D also made a statement from this court to the effect that he was physically contacted by a defendant, such as his head, etc. at the time, and the defendant also committed an assault against the victim at the time. In light of the developments leading up to a dispute or the form of action at the time, the defendant’s act does not constitute a justifiable act that does not contravene social norms.)

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