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(영문) 서울중앙지방법원 2017.12.06 2017고정92
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The victim C is a person who operates a cargo company, and the defendant is an employee of a restaurant.

On August 1, 2016, around 09:10 on August 1, 2016, the victim was the defendant and the Si guard who was on the Obaba in the opposite part while driving the E-vehicle on the front of the Gwanak-gu Seoul Special Metropolitan City D.

1. The victim of special assaulted the victim, at the above time and place, listened to the desire of the defendant, such as “flaging” from the defendant, and the defendant saw both sides of the victim’s face and shooted flag, and boomed the victim’s face, and boomed the victim with the chain of deflag in the above cargo, and assaulted the defendant toward the defendant.

2. The Defendant, at the time, and at the place specified in the preceding paragraph, assaulted the victim, such as spathing both her hand, spathing bat and spathing spaths.

Summary of Evidence

1. A protocol concerning the interrogation of suspect C by the police;

1. C’s written statement (A according to the statement of the request for detection of the location to C), which is recognized to fall under “when a statement is unable to be made because the whereabouts are unknown or any other similar cause” as prescribed in Article 314 of the Criminal Procedure Act, and the contents of the above written suspect interrogation protocol and written statement are acknowledged to fall under “when a statement is unable to be made because there is any other similar cause” as prescribed in Article 314 of the Criminal Procedure Act. In addition, the Defendant committed the crime, first of all, the Defendant committed the crime, and brought the victim away from the cargo vehicle. As such, the Defendant made the same statement to the police officer who was dispatched to the site at the time, and the above written suspect interrogation protocol and written statement

As such, each of the above evidence is admissible in accordance with Article 314 of the Criminal Procedure Act and its credibility is recognized).

Application of Statutes

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. Penalty fine of 500,000 won to be suspended;

1. Attraction of a workhouse;

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