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(영문) 대전지방법원 천안지원 2017.01.19 2016고정443
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 September 8, 2015, around 10:15, the Defendant: (a) committed a dispute with the victim E (inn, 54 years of age) at the non-infection room on the 7th floor of the main hospital located in Nam-gu, Southern-gu, Chungcheongnam-gu, Seoul; (b) assaulted the victim E on three occasions in his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the statutes governing the image of photographs;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant guilty of the crime of provisional payment order: (a) merely denied the charges by asserting that the Defendant: (b) carried the victim’s garment and pushed the victim’s garment with his/her hand over; and (c) did not constitute three times the part to be sold by the victim as stated in the facts charged; (d) however, the Defendant, as alleged by the Defendant, took action against the victim as his/her hand over.

In addition, the defendant's assertion is not directly related to whether the defendant's act constitutes a crime of assault, since it is deemed that the defendant's act constitutes a crime of assault under Article 260 (1) of the Criminal Code as the exercise of force against the victim's body.

B. As to whether the Defendant assaulted the victim as stated in the facts charged, ① the victim made a statement that, as a whole from the investigative agency to this court, the Defendant had consistently maintained the parts of the victim’s left part by hand (the witness E’s statement and investigation record No. 14, 27, 29 pages), ② the victim made a statement to the same effect and suffered damages to the police officer dispatched at the time.

The defendant had taken photographs of the left part of the claim (the investigative record No. 21, 22 pages), and 3. The defendant has pushed the victim to F by cutting the victim by his hand (the investigative record No. 38 pages), or the defendant had pushed the victim by his hand.

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