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(영문) 의정부지방법원 2017.04.27 2016고정2319
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 May 14, 2016, the Defendant: (a) 10:40 on May 14, 2016, and 68 in the city bus stops in the front and rear bus stops in the bus stops in front of the aftermath of the city bus stops, and (b) her body with the victim C (5 years of age) and body met; (c) while having a dispute, the Defendant was able to get off the bus stops in front of the bus stops, and she assaulted the said victim by raising the victim’s back portion on his/her hand.

Summary of Evidence

1. The legal statement of the witness C;

1. A report on investigation;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. As to the issue of the main text of Article 186(1) of the Criminal Procedure Act, the defendant and his defense counsel asserts that there is no violence against the victim by drawing the back part of the victim.

The following circumstances, which are acknowledged by this Court, based on the evidence duly adopted and examined by this Court, i.e., ① the victim from the investigative agency to the court of this Court, i.e., the victim resisted with the defendant in the bus, and she was in favor of the victim while getting off the bus.

In full view of the following: (a) the Defendant made a relatively concrete and consistent statement on the background, method, etc. of assaulted by the Defendant to the effect that it was “if the bus knobs were not taken off, it would have come back later; (b) at the time, the victim was accompanied by his wife; (c) immediately after the Defendant committed the instant crime, the victim appears to have taken off from the bus and reported to the police via his wife; and (d) there were no special motives or circumstances to make a false statement in order to gather the Defendant who was aboard the bus as a passenger; and (e) there were no other circumstances to suspect the credibility of the said statement.

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