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(영문) 서울서부지방법원 2016.02.18 2015고정1365
폭행
Text

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

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

Reasons

Punishment of the crime

On June 20, 2015, at around 12:05, the Defendant: (a) 12:05, in Mapo-gu Seoul; (b) Da2, in D2 E stores, sounded as a matter of a new exchange; (c) was demanded by the victim G (25 years old) who was an employee of the F Burial suitable for the said E stores to “an excessive fluorcing so that they would be fluencing; hereinafter the same shall apply).”

Summary of Evidence

1. The witness G and H’s respective legal statements [the defendant and his defense counsel denies the crime that the defendant did not have any fact that he had any physical exercise against the victim.]

The testimony of the witness I, as shown in the defendant's argument, is insufficient in light of the witness's circumstances, place, and relationship with the defendant, etc., and the victim G and witness H's statement is partially inconsistent or inaccurate. However, as to the fact that the defendant was in the face of the victim, the statements in investigation agency and this court are consistent, and the victim reported 112 to the effect that the victim suffered violence at the time of the instant case, and the police seems to have neglected the right eye and nose at the time of the dispatch. Thus, according to the evidence of the judgment, the facts charged of the instant case is sufficiently recognized.

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;

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