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(영문) 광주지방법원 2019.08.21 2018고정1381
폭행
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and a fine of 50,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On December 29, 2017, around 20:00, the Defendant: (a) at the community hall located in the Mannam-gun C; (b) at the community conference, the victim D (the age of 66) went against the Defendant’s opinion; and (c) at the village conference, the Defendant assaulted the victim’s snow part at one time with the Defendant’s hand.

B. Around 20:00 on September 10, 2018, the Defendant: (a) committed several assaults against the victim with the Defendant’s hand on the ground that the victim instigated the village residents in relation to the pending issues discussed in the village and presented his/her dissenting opinions.

2. Defendant B’s Defendant 1-B

The date, time, place, and the victim stated that he/she was assaulted by A, the husband of the defendant, and the victim was assaulted by her husband, and the victim was assaulted by the defendant's hand several times.

Summary of Evidence

1. Defendants’ partial statement

1. Application of the respective legal statements of witnesses D, E, F, and G to the Acts and subordinate statutes;

1. The Defendants of relevant legal provisions concerning criminal facts: Article 260 (1) of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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