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(영문) 대전지방법원 논산지원 2018.09.11 2018고정27
폭행
Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. Around September 10, 2017, Defendant B had the victim A (57 years old) live in the city hall in Yansan-si around 14:00 and had the victim go beyond the floor and go beyond the floor.

2. Defendant A, at the time, at the place specified in paragraph (1) and at the place, assaulted the victim B(60) with bather bat and bather fat.

Summary of Evidence

[Defendant B]

1. Statement by the defendant in court;

1. Partial statement of the witness A;

1. The witness D’s legal statement [Defendant A]

1. Each legal statement of witness B and D;

1. Application of some Acts and subordinate statutes to the Defendants during the interrogation of suspects of the police to the Defendants

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Article 260(1) of the Criminal Act; selection of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The portion of innocence against Defendant B under Article 334(1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant, as described in paragraph (1) of the facts constituting the crime as indicated in the judgment, engaged in an injury, such as flabing flab, etc., which requires approximately three weeks of medical treatment to the victim by drinking and flabing flab, etc. as a result of drinking and flabing.

2. Determination

A. Each of the statements A and E is admissible as evidence that conforms to the above facts charged.

However, the statements made by A in an investigative agency and court are inconsistent with the statements made by A, the circumstances in which the dispute occurred, the situation in which the witness was assaulted, and the existence of on-site witnesses, and it is difficult to believe it as it is, because it is contradictory to the statements made by A, the objective evidence (a's statement by reference witnesses about drinking conditions, and the request for a request that the clothes at the time of the first examination are not observed) and by on-site witnesses (D).

E’s statement is a professional statement whose contents are A’s statement, and it is difficult to believe that the above statement is subject to A’s statement unless A’s statement is believed.

B. The evidence duly adopted and examined in this Court of Justice.

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