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(영문) 서울중앙지방법원 2019.07.17 2018고정1436
폭행등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 23, 2017, at around 23:50, the Defendant: (a) drinked alcoholic beverages at C’s main points in the Namdong-gu Incheon Metropolitan City, and (b) brought about D’s drinking and singing music issues, including the Defendant’s drinking and D’s drinking. At the same time, the Defendant expressed the victim’s desire to “the same son’s sexual son,” her sexual ties toward the victim’s woman-friendliness, and the victim her flicked into the Defendant’s flat.

The victim and witness stated in the investigative agency and in this court that both the defendant had been dead from the aftermath of the victim's name after the aftermath of the victim's name.

On the other hand, witness D statements that the victim was pushed the victim over the floor, but the victim himself/herself stated that he/she was unsatisfying the spirit of the victim, and as a result, unlike D's statement that he/she was faced with head from the floor, it is difficult to recognize that the victim was pushed the victim over the floor because he/she did not have any appeal for the head part.

Therefore, to the extent that it does not interfere with the defendant's right of defense, criminal facts are modified and recognized as above.

The victim suffered an injury, such as damage to the number of booms that require approximately six weeks of medical treatment.

Summary of Evidence

1. Witness E in the fourth protocol of the trial, witness F in the fifth protocol of the trial, and recording of each statement in D in the fifth protocol of the trial;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Examination protocol of suspect E by the prosecution;

1. Each police suspect interrogation protocol of F, E, or D;

1. A medical certificate of injury or medical record;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant.

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