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(영문) 대구지방법원 김천지원 2016.09.27 2016고정371
폭행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who works for one-day work, and is a person who is in the victim B.

On June 15, 2016, at around 06:30, the Defendant proposed that the victim spawns down in front of the D Manpower Office in Kimcheon-si, Kimcheon-si, the Defendant used spawn to the face of the victim on the ground that the victim does not have such spawn, and assaulted the victim's chest by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. The police internal investigation report (the victim's specific person and the victim's photograph) (the defendant alleged that the victim spreads coffee to the victim, spawn their chests with the victim, but does not reach the degree of violence. However, according to the evidence of the judgment, the defendant is recognized to spread coffee to the victim's face, spawn the victim's chest by hand, and the victim's chest is recognized, and the exercise of physical force to such degree is obvious to constitute the assault of the crime of assault, and it does not necessarily necessarily lead to the result of the infringement of physical safety.

Therefore, we cannot accept the defendant's above assertion.

Application of Statutes

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. When comprehensively taking into account the following circumstances: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act has the history of being punished for the same kind of crime; and (b) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the circumstances constituting conditions for sentencing, such as the circumstances after the crime, etc., the amount of fine in the summary order is too high.

It does not appear.

Therefore, the punishment is determined as ordered.

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