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(영문) 인천지방법원 부천지원 2018.01.26 2017고정1097
폭행
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 July 20, 2017, around 09:00, the Defendant assaulted the victim in several times due to the victim E’s head and neck of the victim’s head and neck at the D store of the Bupyeong-si C Building D.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A report on investigation (the relative investigation of a police officer in mobilization) and a report on investigation (the F relative investigation of a DNA store);

1. 112 Reporting case handling table;

1. A written diagnosis of injury (the defendant and his/her defense counsel asserts that there is no fact that the defendant has assaulted the victim;

In this regard, the health stand, ① the victim made a detailed and consistent statement in detail about the defendant's act, damage details, situation before and after the crime in the investigative agency and this court, ② the credibility of the statement is recognized, ② the witness in the situation at the time.

F regarded the defendant and the victim as being in a way to flick their own head.

In full view of the fact that the part and degree of the injury correspond to the statement of the victim, etc., the victim may sufficiently recognize that the defendant has assaulted the victim, after considering the fact that the victim was issued a medical certificate to the hospital immediately after the crime of this case.

Therefore, the above argument is without merit.

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. In full view of various sentencing conditions, including the motive and background of the crime in sentencing, degree of violence, and the absence of agreement on the grounds of sentencing under Article 186(1) of the Criminal Procedure Act, the punishment as ordered shall be determined.

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