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(영문) 의정부지방법원 고양지원 2018.11.30 2018고정1057
폭행치상
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a customer who has purchased silent at C located on the first floor of the building underground in Gyeyang-gu Seoyang-gu Seoul Metropolitan City B, and the victim D (V, 55) is a C employee.

Around 16:05 on July 31, 2018, the Defendant purchased silent at the above C, and in the process of packing the above silent, the Defendant demanded the victim to be subject to apology on the ground that the victim’s customer response attitude does not appear in mind, and the paper receipt used in the victim’s own hand, who did not come to the victim’s face, was used toward the victim’s face, and was assaulted by the victim at one time in a manner that the victim’s left scam scam scam, which requires treatment for about 14 days, thereby suffering from the victim’s scam, tensions, scams, visual impairment of scams, and scambling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (ENer’s statement);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant has no record of criminal punishment, and that the Defendant is erroneous.

However, there is a question as to whether the Defendant merely sees the cause of the occurrence of the instant case against the victim, but is divided into a serious mind.

Before the Defendant’s assaulted the victim, the victim committed a threatening act with the victim’s hand. However, this also appears to have been issued by the Defendant on the ground that the victim’s death did not come to the victim’s Maternity. Even when examining the victim’s statement and the E’s statement after witnessing the situation at the time, the victim did not seem to have expressed the victim’s attitude, such as the victim’s speech or vision while making a customer contact.

In addition, as the defendant asserts, there is an inappropriate customer response.

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