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(영문) 의정부지방법원 2017.08.24 2016고정1951
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

On January 29, 2016, the Defendant assaulted the victim, by hand, on the ground that he did not face the problems raised at the meeting place of the resident representatives meeting of the said apartment E (45 years), the representative of the said apartment, at the meeting place of the resident representatives meeting of the said apartment, and attempted to go to the above meeting place, and did not want to go to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, C, F, G, and H;

1. Complaints, ctv video files CDs;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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;

1. As to the issue of the main text of Article 186(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the Defendant did not assault the victim, such as duplicating the bat of the victim’s shoulder part as stated in the facts charged in the instant case, although the Defendant was able to wear the shoulder part of the victim.

In light of the following circumstances acknowledged by this court’s duly adopted and examined evidence, i.e., ① the victim made a relatively concrete and consistent statement on the background, method, etc. of assaulted by the Defendant from the investigative agency to this court to the effect that “the victim terminated a meeting and attempted to live in the meeting room, and failed to prevent the Defendant,” and ② the victim’s witness C, F, G, and H made a statement in this court consistent with the purport that “the victim observed the situation at the time when the victim was satise and pushed the victim’s fat during the meeting room,” and ③ C, F, G, and H’s statement in this court that “the victim was satisd and pushed the victim’s fat at the end of the meeting, while the victim was making a declaration on the completion of the meeting and carrying out the meeting room,” and that the victim’s ct images taken at the time also confirmed that the Defendant was sating the victim’s b

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