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(영문) 전주지방법원 2019.05.17 2018고정334
폭행
Text

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

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

Reasons

Punishment of the crime

At around 04:15 on April 17, 2018, the Defendant assaulted the victim when the victim D (the 19-year-old) was on the front side of the “C convenience store located in Seojin-gu Seoul Special Metropolitan City B” on the ground that the victim D (the 19-year-old) was about to go to the flat house while she talks with the Defendant, and the part of the victim’s back to the taxi was 1 time by hand, she was able to attract the victim’s left hand, she was able to attract the victim’s left hand, and the victim reported 112 on the 112, stating that the “police was dward to make a report,” and assaulted the victim when she was on the breast part of the victim’s chest with his left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A report on internal investigation (related to field exit and the photographing of damaged parts), [the following circumstances acknowledged by the above evidence; i.e., the victim reported to 112 at the time of the instant case; the victim reported to the police officer upon receiving 112 the victim reported to the police officer that "the victim sent to the defendant the chest part, etc."; the victim taken a photograph of specific back number, left hand hand, and chest part of the chest as the damaged part; the victim's statement in this court and the statement in investigative agency are mutually consistent with the victim's statement in this court; the victim's statement in this court and the statement in investigative agency are made more than three times (the victim stated that the chest part was three times in investigative agency, but it is difficult to recognize that the victim made a false statement in this court that two times the statement was made.

() In full view of the following facts: (a) consistent with the specific situation at the time of the occurrence; and (b) it is difficult for the victim to find the reason or motive to dismiss the defendant (the victim stated in this court that he/she tried to do so first because he/she sent the defendant to the PC at the time of the instant case; and (c) the victim appears to have stated the situation at the time of the instant case in which he/she was led, the victim's statement of the fact of damage is credibility; and (d) the application of

1. Relevant Articles of the Act concerning the facts constituting the crime;

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