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(영문) 대구지방법원 김천지원 2017.05.19 2017고정120
폭행등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Violence;

A. On December 12, 2016, at the front of the entrance of the D Music Research Institute operated by the victim C in Gumi-si B on December 16, 2016, the Defendant listened to the victim from E, his wife, who is the second grade student of the D Music Research Institute, to the end that the victim is mixed, interfered with, and the victim was waiting for the victim. The victim coming from the vehicle and waiting for the victim, "I ma, I ma," "I ma," "I ma," and "I am the victim's face at the left floor," threatening the victim to park again on the narrow side of the road by moving the vehicle, threatening the victim to the face of the victim by driving seat, and then getting off from the vehicle by assaulting the victim's left side part of the victim's hand.

B. The Defendant, around 16:10 on the same day, assaulted the victim by threatening the victim’s face with the upper part of the left shoulder part of the victim’s hand, which the Defendant attempted to take the originals of the victim before the entrance of the D Music Research Institute, located on the second floor of the same place as 1:10 on the same day, one time with the left hand, and two times with the upper part of the victim’s face.

2. The Defendant damaged property by walking at the left side of a container equivalent to KRW 4,00 of the market price owned by the victim, on the grounds that the Defendant, while she had a verbal dispute with the victim in front of the same place as paragraph 1(a) of around 16:18 on the same day, he/she destroyed the property of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the attachment of photographs by cutting down CCTV images at the scene of occurrence), investigation report (related to the attachment of additional documents for submission to the complainant C);

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence) and Article 366 of the Criminal Act (the point of damage to property) and the selection of fines for each crime;

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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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