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(영문) 의정부지방법원 고양지원 2017.10.26 2017고정733
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On January 27, 2017, the Defendant: (a) taken a f taxi driven by the victim E (47 years old) in front of the Dong-gu Seoul Special Metropolitan City (47 years old); (b) paid the fare by arriving in the 2nd basement parking lot of the same meal Dong that is for the purpose of light 07:31 on the same day; (c) taken off the victim E (47 years old) in front of the Dong-gu Seoul Special Metropolitan City (hereinafter referred to as the “FF”); (d) taken off the victim’s face on the second floor of the underground floor; and (d) taken off the victim’s breath from the victim’s breath to the second floor of the underground floor; and (e) took off the victim’s breath from the victim’s breath to the victim’s breath, booming the victim’s breath,

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. One copy of the video CD, if the victim submitted, [the victim] made a statement consistent with the facts charged in the police and this court.

In addition to the consistency of statements, the victim's statements are supported by the following circumstances.

Considering the video of the above video, there is a process of resisting that the victim spits or spits the defendant, and at the time, the victim is "spits the defendant's face".

It is natural that the victim's response form and attitude are not committed, but natural.

Therefore, according to the statements of the victim with credibility, the facts charged of this case can be fully acknowledged.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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;

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