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(영문) 의정부지방법원 고양지원 2017.02.16 2016고정1103
폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 10:20 on June 12, 2016, the Defendant: (a) assaulted the victim D (50) on the street in front of the PPaju City B, on the ground that: (b) the Defendant and one person working on the road are under the influence of alcohol while driving a vehicle; and (c) the beer, which he used as a vehicle of the victim, has been divided into a road and a crosswalk; and (b) the victim E (20 years old) who was in the back seat of C (20 years old), was coming from the back of C, was pushed down on the part of the victim, was pushed down with the victim’s neck with his head, and walked with him, and the victim D was subject to his assault; and (d) the victim she d d spathing and d d d d d d d d d d d d d d d d d d d d d d d d fing.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. The investigation report (outstanding investigation) (overtime 11) (the witness D made a consistent statement with the investigation agency and this court consistent to the facts charged, and the attitude and appearance of the statement are natural.

In addition, the above statements are consistent with the statements of witness F at the time.

Therefore, according to the above evidence, including the reliable statement of D, the facts charged in this case can be fully acknowledged.

Application of Statutes

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

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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