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(영문) 인천지방법원 2019.03.29 2018고정2590
폭행
Text

Defendant

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

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The Defendants partly revised criminal facts according to the facts acknowledged within the extent that does not substantially disadvantage the Defendants’ exercise of their defense rights.

1. On September 12, 2018, Defendant A, around 21:30 on September 12, 2018, the Defendant assaulted the victim B, who was not good as a usual monetary problem on the front of the restaurant located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, by drinking the victim B, who was flickingly in two occasions, and who was flicking the victim’s candle.

2. The Defendant, at the above date, at the above time and place, was assaulted against the victim A for the foregoing reasons, and walked twice to the victim’s walk, and was inflicted an injury on the victim, such as a spatha, which requires approximately four weeks of medical treatment, by displaying the victim’s face, going beyond the victim’s hand.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement in the first trial record;

1. Legal statement of the witness B;

1. CCTV image (Defendant B);

1. Statements of Defendant B in part of the first trial records;

1. A’s legal statement;

1. A medical certificate of injury and a photograph of damaged part;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 260(1) of the Criminal Act; Selection of fines

B. Defendant B: Article 257(1) of the Criminal Act; selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. The Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. Defendant A asserts that Defendant A had a long-distance part of his body, but did not contact his body, and Defendant A merely was unilaterally assaulted by B, and that there was no use of force on the body of B.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim B from the investigative agency to this court to the court, and the Defendant A’s hand saw her her neck twice or her flaps.

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