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(영문) 인천지방법원 2018.11.16 2018고정85
폭행치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 11, 2017, at the entrance side of the Yeonsu-gu Incheon Metropolitan City B market on March 11, 2017, the Defendant: (a) at the front of the entrance side of the Yeonsu-gu Incheon Metropolitan City B market, and (b) at the time of the operation of the vehicle with C, the victim D (V, 81 years of age) who is the grandparents of the above C, was able to write his shoulder, remove the son's hand, remove the son's hand, and pushed the victim over his arms.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Some statements made against the defendant during the police interrogation protocol;

1. A protocol concerning the examination of suspect of the police in relation to G (one time);

1. Each police statement made to D or F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of injuries;

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 of the Provisional Payment Order (the defendant and his/her defense counsel asserts that there was no fact that the defendant had been sealed by the victim.

However, in full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, the fact that the defendant was in custody of the victim to remove him/her can be sufficiently recognized.

(1) From an investigative agency to this court, the victim is deemed that the defendant who is to attach the defendant, was removed from the victim's knife and pushed the victim.

The statements are consistently made.

In this case and the body photographs of the victim's injury taken after licking, it is confirmed that there is a hole of the victim's loss.

② In this court, the victim’s grandchildren E deemed that the defendant was pushed ahead of the victim’s knife.

The defendant's son stated that investigative agencies and the victim in this court had been employed by the defendant.

was stated.

(3) TheF who has observed a situation at the time shall be in an investigative agency and this Court.

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