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(영문) 의정부지방법원 고양지원 2016.04.22 2015고정1193
폭행
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 2, 2015, around 06:40, the Defendant: (a) committed assault against the victim, on the ground that the victim C was in dry field B in Gyeyang-gu, Seoyang-gu; (b) on the ground that the victim C laid a dry field, the victim obstructed dry field; and (c) caused the victim to have his her necked her drinking in drinking, she was frighted for drinking.

Summary of Evidence

1. The legal statement of the witness C;

1. The victim’s statement that he/she fell under the victim’s name is consistent and specific, and credibility exists as the reproduction and viewing result of A mobile phone film CD.

The defendant did not assault his cell phone video on the basis of his cell phone image.

Although the Defendant asserted that the film taken by the Defendant was partially cut, it cannot be known that all of the days occurred at the time of the instant case, and it is recognized that the photograph was interrupted with the direction of the mobile phone during the time of the instant case. Therefore, it can support the victim’s statement that the Defendant was at the time of the victim’s occurrence of a mobile phone by unfluent loss of the mobile phone.

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;

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;

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