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(영문) 인천지방법원 2021.02.10 2020고정1871
폭행
Text

Defendant

B shall be punished by a fine of 50,000 won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

Defendant

B around 05:20 on February 8, 2020, around Bupyeong-gu Incheon Metropolitan City, assaulted the victim E by cutting off the arms in the victim E in the performance of the costs and time expenses in D musical rooms A, the victim E (n, the age of 51) and the Si expenses.

Summary of Evidence

1. Defendant B’s partial legal statement E of the witness E, and part of the witness A’s legal statement [Defendant B is unilaterally assaulted by the victim E, etc., and the victim E does not have any assaulted.

However, according to each evidence of the judgment, it is recognized that Defendant B used the victim E's arms as stated in this part of the facts charged.

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 (including cases where a suspended sentence is invalidated or revoked) of the Criminal Act;

1. Part concerning the dismissal of the prosecution under Article 62(1) of the Criminal Act (the grounds why Defendant B assaulted Victim E while disputing Victim E, etc. and the degree of force exercised against the said Victim);

1. Summary of the facts charged

A. On February 8, 2020, Defendant A, at around 05:20 on February 8, 2020, committed assault by Defendant A, while Defendant A, who was the victim E and Doesle in the middle of multi-investment, was fighting in the middle of multi-investment, Defendant A, who was the other party, committed the assault by having the victim’s chest and shoulder hand over several hand.

B. Defendant B’s assaulted Defendant B, at the same time and place as the above A, committed the assault by taking the victim’s arms against E, the victim A (36) and the trial expenses, taking the victim’s arms into consideration, taking the victim’s hair, etc.

2. The facts charged in this part of the judgment are those falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim under Article 260(3) of the same Act.

According to the records of this case, the victim B after the prosecution of this case was instituted against the defendant Eul, and the victim Gap against the defendant B, respectively.

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