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(영문) 서울동부지방법원 2019.10.18 2019고정439
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

The defendant and the victim B (the age of 48) are the believers of the D church located in Gangdong-gu Seoul Metropolitan Government, and they are divided into the opposite side of the E pastor, and they are in conflict with each other.

At around 14:15 on January 27, 2019, the Defendant, at the entrance of the main body of the Diplomatic Association, assaulted the victim by knife his hand during the vision between believerss.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The video photographs and CD materials [the defendant and his defense counsel asserted that the defendant had a fact that he had a victim's KON at the time of the instant case, but did not have any intention to do so, but according to each of the above evidence, such as video materials, etc., the defendant at the time recognized that he had a victim's KON, and in light of all the circumstances, such as the background of the instant occurrence, circumstances before and after the crime, methods and means of violence, the defendant's intent to do so is sufficiently estimated, and thus, the above argument is not accepted) shall be applied to the law.

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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