(영문) 대구지방법원 2016.11.25 2016고정657

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자간(%)

(영문) 대구지방법원 2016.11.25 2016고정657

폭행

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Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, who was in office with the victim, was the head of the church, was not the victim, and the victim, etc. requested the head of the Nowon-gu Council to vote without voting at the time, and caused the complaint to be dismissed from the time without voting.

On October 11, 2015, at around 12:13, the Defendant: (a) set up a victim E (here, 39 years of age) who will complete towing in the restaurant of the Gyeongbuk-gun; and (b) committed assault by the Defendant’s right hand to the right hand hand on his left hand.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each police statement of E and F;

1. A complaint;

1. In full view of the fact that CDs (video recorded by the defendant and his defense counsel alleged that the defendant did not take the victim's hand on the day of the instant case, but the defendant's statements are consistent and credibility is recognized in the victim E and witness F's investigative agencies and this court; ② according to the CDs' images submitted by the prosecutor, the part of the defendant's hand at the time of the instant case was placed on the wall and was not taken directly by the defendant; but in full view of the fact that the body of the victim E prior to physical contact between the victim E and the defendant, it is recognized that the defendant and the defense counsel committed assault by taking the victim's hand hand on the right side of the victim E, such as the facts recorded in the criminal facts in the judgment of the defendant; thus, the above argument by the defendant and the defense counsel is not accepted.).

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

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

참조조문

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