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(영문) 서울북부지방법원 2020.02.13 2019고정1062
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

The defendant is a practice worker B in company, and the victim C (the victim 28 years of age) is an employee who retires from office of the defendant.

On May 11, 2019, at around 23:42, the Defendant, without any justifiable reason, committed assault against the victim, who had been on the part of the Defendant, at the same time as Jung-gu, Seoul, 901 drinking 6 times in the vicinity of the entrance, with the view that “the victim, who was on the part of his house, is equal to a bit of bit of bitch, bitch. . . : hereinafter the same shall apply).” The Defendant, on the hand floor, expressed a desire to “the victim, who was on the part of his house, is 5 times or more, and

Summary of Evidence

1. The witness C and D’s each legal statement (each legal statement of the witness is somewhat different from the contents confirmed in detail as a result of a fact inquiry inquiry reply to the Central CCCTV Control Center. However, the victim’s investigative agency and the victim’s statement from the investigation agency to the present court are specific and consistent in major parts. D may not directly witness the instant case until the beginning, but in light of the process of assaulting the victim, the degree of exercising force, etc., it appears that there was a position to sufficiently witness the fact that the Defendant was the victim. C and D did not have any motive to sufficiently witness the fact that the Defendant was the victim. Ultimately, C and D do not appear to have credibility, rather than C and D’s statement of the Defendant who did not memory the instant crime itself under the influence of alcohol, rather than C and D’s statement of the Defendant, each of which appears to have credibility).

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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