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(영문) 창원지방법원 마산지원 2020.02.07 2019고단1003
폭행
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 23, 2019, the Defendant assaulted the victim B (n, 57 years of age) on August 23, 2019, when he was found to be suffering from being a suspected person set at the street in front of the Masan-si, Changwon-si, Masan-si C, and was placed in the lower part of the Dtra vehicle parked therein. Accordingly, the victim was able to take care of the victim, while taking a bath from the victim, and she was blicked with the victim’s face part one time with his hand, she was tightly flick with his hand, and the part of the victim’s right chest part by hand with his hand.

2. The Defendant, at the time and place of the assault against the victim E (the age of 71), abused the victim’s face by hand on the ground that the Defendant assaulted the victim B as described in paragraph (1).

[A] The Defendant asserts that he did not assault the victims. Although the statements made by the investigating agency of the victims and the testimony made in this court are not consistent, the Defendant consistently made the statement that he was assaulted against the victims from the date of the instant case. The Defendant, even after the police was called for, was pushed down with the shoulder of B and was frighted into drinking. The Defendant asserted that the Defendant did not assault the victims even though he did not know that his memory was well known because of a large number of alcohols.

According to the photographs attached to the records, there seems to have been physical contacts between the Defendant and the victims. Ultimately, the Defendant’s assertion is rejected.)

1. Witness B and E each testimony;

1. Voluntary report;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of photographs);

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

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the same as the defendant several times.

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