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(영문) 의정부지방법원 2018.07.12 2017고정1139
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

On December 23, 2016, the Defendant, at around 23:00, 23:00, Da, 'C' on the first floor, 'C' on the ground that the victim D was able to take a bath about the face of the victim D while talking with the victim D (35 tax), the victim E (37 taxes) and the victim D were able to take a bath. On the other hand, the Defendant continued to take a bath on the table, and assaulted the victim E’s head back on the floor by twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D, and F;

1. A copy of on-site CCTV image data and on-site photograph CD;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act, the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant and his defense counsel asserts that the issue of the main text of Article 186(1) of the Criminal Procedure Act, which is the cost of lawsuit, is that the defendant does not have any fact when the victim D's inside or after the victim's back to E, as stated in the facts charged in this case.

On the other hand, the following circumstances acknowledged by this Court comprehensively based on the evidence duly adopted and examined by this Court, i.e., victim D referred to the investigation agency and this Court to the effect that "the defendant during drinking with the defendant "I do not know about E" during this period of drinking with the defendant. As a result, during the dispute, the defendant was able to get odor on the table, and the defendant was able to get the back head on the hand floor of this Court.

The victim E makes a statement to the effect that although it does not fit to smell, it was impossible to see food due to snow to speep, and sprink and clothes, etc., and ② The victim E makes a statement in investigative agencies and this court that “the defendant is.”

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