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(영문) 수원지방법원 2019.06.20 2019고정364
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On October 23, 2018, around 15:19, the Defendant: (a) expressed that the victim C (the age of 46) and the parking problem are under the influence of alcohol in the parking lot for the Young-dong Highway Seoul, the wife population of 30-1 (the age of 46) and the vehicle in the city of Young-dong Highway B; (b) expressed the victim’s desire to “in the event that the female labor kis are deducted, the victim would be deducted, and the spatie,” and used the victim’s breath to kill the breath of the body of the victim in his hand.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Photographs of damaged parts;

1. Some closure data of video images on a mobile phone;

1. One copy of video CD taken by the victim of a mobile phone;

1. A criminal investigation report (as to the mobile phone photographing images submitted by the victim), [the defendant and his defense counsel argued that there was no assault by the victim by breathing flab at the time and place in the decision of the defendant, but the victim made a statement from the investigative agency to this court that "the defendant breathdddd the victim under the influence of alcohol and flabing the breath of the victim," and the victim's statement about the situation at the time seems to be very consistent and concrete, in light of damage situations that can be known through the victim's photographs and CCTV images, etc. or circumstances immediately after the crime, the victim's above statement is highly reliable. Accordingly, the defendant's above statement is acknowledged to have high credibility. Accordingly, as stated in the judgment of the court below, the defendant's use of the statute applies

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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