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(영문) 서울동부지방법원 2015.05.13 2014고정1559
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

On April 20, 2014, around 04:50 on April 20, 2014, the Defendant has been playing together at the stage of the first floor D underground in Gwangjin-gu Seoul Special Metropolitan City, E and Si expenses.

Each other is enclosed.

At that time, the victim F, the main employee, was removed from the defendant and E, and was listed on the first floor through stairs.

While the Defendant was going into the above stairs, the Defendant assaulted the victim by taking the victim's head knee and making knee kne.

Summary of Evidence

1. Statement made in F in the third protocol of the trial;

1. The police statement concerning F;

1. A written statement;

1. Application of Acts and subordinate statutes to damaged photographs (E);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel asserted that there was no assault against the victim as stated in the judgment of the defendant and his defense counsel regarding the assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act. However, the defendant and his defense counsel asserted that there was no assault against the victim, but the method of assault from the investigative agency to this court, the contents of the victim's statement on the side, and G at the time, which had been the defendant's work, stated in this court that "the victim took the defendant from E to the stairs in order to remove the defendant (the statement in G in the fifth trial record)," and other facts such as the situation where the victim took the defendant's back and taken the stairs after drinking alcohol, and the situation that the victim seems to have been stimulatedd after drinking and drinking alcohol, the defendant and his defense counsel's above assertion cannot be accepted.

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