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(영문) 인천지방법원 부천지원 2016.09.30 2016고정491
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 31, 2015, the Defendant, at around 12:00, stated that the F Party members who agree to the sale of the E site after attending the briefing session related to the sale of the E site before D Viewing in C, would be wrong, and that the horses would be the cause of the F Party G’s affiliation with H and Si expenses.

During that process, the Defendant got the victim's chest by hand, and assaulted the victim.

Summary of Evidence

1. Each legal statement of the witness H, I, and J;

1. Statement made by the police with H;

1. The defendant asserts that he/she did not have any civil defense with the victim's chest, although he/she has a factual dispute with the victim.

On the other hand, the witness H, I, and J's legal statement that corresponds to the facts charged is specific and consistent, so it can be believed that its contents are consistent.

On the other hand, the witness K, who was the defendant's working, stated that the defendant did not have any physical contact with the victim during a dispute with the victim. However, in light of the fact that the defendant first did not take a bath to the victim or did not attempt to take a cell phone of the victim, it is difficult to believe that the defendant made a false statement.

Witness

L has observed a situation only when the defendant and the victim have almost all the disputes.

Since the statement was made, L's legal statement that the defendant did not see the scene of assaulting the victim does not interfere with recognizing the guilty of the facts charged.

Therefore, the defendant's assertion of innocence cannot be accepted.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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 concerning the order of provisional payment;

1. The grounds for sentencing under Articles 186(1) main text and 191(1) of the Criminal Procedure Act, which bear litigation costs, are different from that of the Defendant in the sale of the site.

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