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(영문) 대전지방법원 2018.12.06 2018고정904
폭행
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 23, 2018, the Defendant: (a) around 17:30 on the 17:30 on the 2018 Seo-gu apartment B, Seo-gu, Seoul, Dong 1-2 D, and (b) took a bath for the victim and the victim, who is not good to meet the noise problem between the ordinary level of noise (58 years old) in front of the frontline, and carried out the victim’s clothes and pushed down the chest.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statement made by the police for E;

1. A report on internal investigation (in relation to attachment of on-site CCTVs);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of data, such as inter-victims, etc.);

1. Article 260 (1) of the Criminal Act applicable to the relevant criminal facts and Article 260 (1) of the elective Punishment;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order;

1. The sentencing of Article 186 of the Criminal Procedure Act (total of KRW 100,00 per day of witness D and E) does not seem to have any way to recognize or reflect the wrongness of the accused, the defendant's position is changing without having made efforts to recover damage, and the defendant's attitude is consistent with the victim's criticism as well as the abuse of rights beyond the legitimate exercise of defense, and considering all sentencing factors shown in the argument of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence of the crime, etc., it is reasonable to impose a summary order in accordance with Article 457-2 of the Criminal Procedure Act and to bear the costs of lawsuit.

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