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(영문) 광주지방법원 2017.12.14 2017고정1219
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On May 24, 2017, around 01:30 on May 24, 2017, the Defendant assaulted the victim, such as the victim E (34) who is a customer in Gwangju-dong, Gwangju-gu, by taking a bath to F, who is the Defendant’s death money, the victim was living in the future, and walking the ice ice boom, which was located at the same time, and booming the ice boom on the floor, and putting the ice boom on the floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Video CDs (26 pages of investigation records);

1. Application of Acts and subordinate statutes to investigation reports (the contents of these images);

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 of the Provisional Payment Order provides that the defendant did not commit any act as stated in the facts constituting a crime, and did not intend to commit an act. However, according to the evidence duly adopted and examined by this court (as at the time of the video of video CDs), it is recognized that the defendant committed an act as stated in the facts constituting a crime, and that the above act was committed at a very close distance to the victim, and that the defendant's act took place at the time of the defendant's act, and the victim took a protective act such as destroying the face to avoid strike. In light of the above, the above act by the defendant constitutes the exercise of tangible force against human body, and the defendant was also aware and expressed that he had an intent to exercise the force against the body of the victim as above.

Since the intention of assault is recognized, the above argument is rejected.

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