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(영문) 대전지방법원 2017.05.24 2016고단4052
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

The defendant and the victim E (n.e., South, 44) are those who are in a trade relationship as a member of the F Chinese herb doctor.

On June 9, 2016, at around 14:15, the Defendant: (a) brought about the 5 medical care room of the victim of Hansung-gu Daejeon-gu, Daejeon-gu, to the 5 medical care room of the victim, the paper stated “in the employee’s wage increase” as “in the 5 medical care room of the victim; (b) however, the victim was found in the 5 medical care room of the victim on the ground that he/she again brought about it, and assaulted the victim into the 5 medical care room of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E and H's legal testimony [the defendant and his defense counsel can not be called a tangible force as defined in the crime of assault, but the defendant has conflicting opinions regarding the handling of the victim's and his employee's wage increase in light of the victim's intent, and it is reasonable to view that forced entry into the victim's clothes is an unlawful tangible force for the victim.

Defendant’s assertion is without merit.

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. Circumstances unfavorable to the reason for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment: The fact that the degree of assault is minor;

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