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(영문) 광주지방법원 2013.05.23 2013고정636
폭행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 05:00 on January 8, 2013, the Defendant assaulted the victim’s chest with his cell phone in the Seo-gu Seoul Building 105 Dong106, Seo-gu, Seo-gu, Gwangju, on the ground that the victim D (at least 51 years of age) drops down and refuses to return the cell phone.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant provisions concerning facts constituting an offense and Article 260 (1) (Selection of Fine);

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant asserts that at the time and place stated in the facts of crime, the victim was only behind the victim's Australia in order to find his/her cell phone from the victim's cell phone at the time and place, and that there was no assault by the victim's chest to the victim's chest.

2. The judgment of the court below is based on the following circumstances: (a) at least the victim made a statement in this court to the effect that the victim followed his/her own cell phone in order to find it; (b) the victim reported the text message of the defendant's cell phone at the time and did not bring it to the defendant's cell phone; and (c) the victim appears to have been in an emotionally favorable condition for the victim; and (d) the victim found the victim's cell phone from the police to this court consistent with this court, and found the victim's cell phone by finding out the contents of the defendant's misconduct and concealed the defendant's cell phone at that time; and (e) the victim used the victim's cell phone by means of threatening him/her.

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