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(영문) 대전지방법원 2017.10.27 2017고정876
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 March 4, 2016, the Defendant assaulted the victim’s left side her at one time on the ground that the lessee E (62) paid 150,000 won for the repair cost of the electric measuring instrument to the electric repairer, and that the lessee E (62) paid 1,50,000 won per month rent to the electric repairer.

Summary of Evidence

1. Legal statement of witness E;

1. The application of Acts and subordinate statutes to report investigation, recording and recording recording;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense 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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. There was no physical contact between the alleged defendant and the victim.

2. Determination

A. According to the evidence duly admitted and investigated by the court, the following circumstances are: ① The victim consistently committed assault by the Defendant on the hand floor as stated in the facts charged in the instant case, with the same effect from the investigative agency to this court.

The defendant made a statement, ② there was no physical contact with the victim.

However, after the occurrence of the instant case, the Defendant is not likely to open face to the victim in telephone conversations with the victim.

In full view of the fact that it appears that the defendant would be able to say that it would be sacrickly, so as to say, it would be difficult to say that the defendant sacricked with the victim as stated in the facts charged in this case. In full view of the record of telephone recording evidence on September 5, 2016, the defendant is deemed to have been sacricked.

B. We do not accept the defendant and his defense counsel.

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