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(영문) 대전지방법원 천안지원 2016.03.31 2015고정1071
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a producer member of a prospective company in the Asan City, which is in the 22-dong-dong, and is a member of the Korean Democratic Trade Union's general metal labor union member.

On December 13, 2013, around 14:30 on December 13, 2013, the Defendant used the victim E (37) to take a video image of a cell phone while discovering D and talking with D that the Defendant left the place of work by the person who was in charge of C and stoning processing work and ordering the Defendant to return to work, and assaulted the victim at one time on his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made in the police statement protocol with D;

1. Images of photographs;

1. Application of video and voice-related Acts and subordinate statutes to video CDs;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant guilty of Article 334 (1) of the Criminal Procedure Act of the order of provisional payment does not have an intention of assault only because he/she changes his/her cell phone from the victim;

The charges are denied by asserting that they are facts charged.

According to the video of the video CD, around 00:14, the screen was checked rapidly, and thereafter, the Defendant “I Y, I am, I am, I am, I am,” and “I am.”

The phrase, such as the phrase, “value,” and the phrase, “the victim was confirmed,” “the victim was presumed to have been a victim,” and “the victim was able to be a person suspected of having been a victim,” and according to the images of the photograph, the victim was confirmed to have a reasonable level from the Defendant at the time, and there is sufficient evidence to acknowledge the fact that the Defendant was a person who was a victim by hand.

B. The defendant's use of force against the victim in order to prevent the defendant from photographing his cellular phone cited by the victim or to take the cellular phone away.

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