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(영문) 서울북부지방법원 2015.07.30 2014고정2584
폭행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 5, 2014, at around 16:57, the Defendant: (a) committed assault against the victim by removing a name tag attached to the victim’s chest and having the victim’s face in the victim’s body, on the ground that the mother who was accompanied by the Defendant and the Defendant changed to the victim F (at the age of 56) (hereinafter “FF”), who was working in the Macconer, but the victim did not refer to “I would like to go to the member N., N., in the future.,” but the victim did not appear to be “I would go to go to the face of the member.”

Summary of Evidence

1. The witness F and G statements (the defendant and his defense counsel asserted that there is no assault against the victim as stated in the judgment of the defendant). However, the victim and witness G consistently from investigative agencies to this court to consistent with the victim's name cards, which the defendant led the victim to the victim's body, and in light of consistency, physical strength, attitude of statement, etc. of the victim's statement, credibility exists in the above statement. Although there is a somewhat difference between the victim's statement in investigative agencies about whether the victim was removed or the defendant was removed, such circumstance alone does not affect the credibility of the statement. Taking into account the above circumstances, the victim and witness G may be sufficiently convicted of the facts that the victim abused as described in the judgment of the defendant.)

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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