(영문) 제주지방법원 2016.11.03 2016고정469

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(영문) 제주지방법원 2016.11.03 2016고정469

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

The defendant is the victim C(the age of 43) and the third degree of punishment.

At around 10:00 on March 25, 2016, the Defendant, while performing funeral work with the victim and his/her relatives in the E's family cemetery located in Jeju-si, he/she met with the victim and his/her relatives, was in conflict with the victim due to the flabal problem, and assaulted the victim after having flabing the flab of the victim and drinking.

Summary of Evidence

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to investigation reports (a copy of investigation documents);

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that although the defendant had flobial with C, the defendant did not assault C by drinking C, and rather he did not unilaterally correspond to C.

However, from the time when C was investigated into a violation of the Punishment of Violences, etc. Act (joint assault), C made a statement that the Defendant and C were satisfed in the process of making batling and pushing with one another, and even in this case, in the police, it was sufficiently recognized that C was satched by the Defendant and C, in light of the following: (a) the Defendant made a statement to the effect that he was satfeing in the process of physical fighting, such as making the batling and pushinging the bats with each other; (b) the Defendant and C was diagnosed as satfeing and tension of the other parts as of March 26, 2016; and (c) in the case of violation of the Punishment of Violences, etc. Act (joint assault) in light of the fact that the witness and C stated to the effect that he was satfeing while drinking with one another.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

The reason for sentencing is that the defendant denies the crime of this case and does not repent his mistake is disadvantageous to the defendant.

참조조문

유사 판례

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