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(영문) 서울서부지방법원 2018.02.09 2016고정1636
폭행
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

around 01:40 on October 13, 2016, the Defendant, while entering the said club in front of the “D” club located in Mapo-gu Seoul Metropolitan Government, was unable to re-enter the Defendant, who was an employee, in the said club on the same day, at the victim E ( South Korea, 24 years of age), who is an employee, at the same day, was unable to have the Defendant re-enter the said club, who was frighted with Chinese women, the Defendant committed assault by assaulting the Defendant, such as taking the victim’s bath, taking the victim’s breath, taking the victim’s breath, making the victim’s spath, breast, etc., and

Summary of Evidence

1. Partial statement of a defendant: The purport that there is a dispute between the victim and the victim at the place as stated in the ruling on the day and time, and that it is presumed that the victim will have expressed his/her desire;

1. Legal statement of witness E;

1. Part of the protocol of interrogation of the police against the accused: Recognition of the fact when the victim is dead;

1. A protocol concerning the interrogation of suspects of E;

1. The E’s statement [the investigative agency and the legal statement of the victimized person E is reliable in light of the following: the consistency, logic, and accuracy of the part and the part that memory are not memoryed; the passage of time and the changes in the reputation of the statement; whether the statement conforms with a third person’s statement or social norms; and the attitude of the victim’s statement in court; and it is difficult to find any particular reason for the victim to gather the Defendant.

In addition, in light of the fact that the police denies the desire of the defendant, unlike the statement in the court, and there is time for the victim to blick the fact, it is difficult to believe the defendant's defense.

Therefore, it can be sufficiently recognized that the above evidence is a whole of the facts constituting a crime.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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