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의정부지방법원 2015.02.11 2014고단1668
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 9, 2014, around 23:35, the Defendant spited the FF Motor Vehicle Sales Agency, in front of the FF Motor Vehicle Sales Agency, E, without any reason, on the part of G G, with the victim's face, and the victim's face was taken by drinking, and the victim's face was taken by drinking, resulting in the victim's bodily injury.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G and H’s legal statement;

1. Application of the Acts and subordinate statutes on photographic materials;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The portion not guilty, including the fact that the degree of injury of the victim on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is minor, and that the victim does not want the punishment by mutual consent with the victim;

1. On May 9, 2014, the primary facts charged (violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) committed an act, such as spiting, spiting, cutting down, spacking the victim G's seat into the driver's bottom of the victim G, cutting down a yellow plastic stop, cutting off the driver's seat before the driver's seat, without any reason, at around 23:35, the Defendant committed an act in front of the FF Motor Sales Agency, which is located in the city E, with the Government of Jung-si, without the influence of alcohol. As such, the Defendant spacked the victim's seat, spacking the victim's seat, spacking the dangerous things on the roadside of the victim, making it possible for the victim to take the part of the victim's entrance in the old plastic stop, making it possible for the victim to take the part of the

2. In light of the witness G’s legal statement, it is insufficient to acknowledge the facts charged in the instant case where the victim committed an assault by carrying a dangerous object with the only part of the G’s written statement prepared by the investigative agency, and there is no other evidence to acknowledge it. Thus, the above facts charged constitute a case where there is no evidence to prove a crime, and thus, the defendant is acquitted

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