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(영문) 대구지방법원 영덕지원 2017.07.05 2017고정31
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the father of the victim C.

On May 4, 2016, the Defendant: (a) assaulted the victim on the part of the victim at his/her own fluoral disease, on the ground that the victim did not take his/her / her fluorial 103-dong 206, Jung-gu, Young-gu, Gung-si, Gung-si, 201.

Summary of Evidence

The defendant asserts to the effect that he did not assault the victim, the police interrogation protocol on the part of the defendant, and the written statement C of the police interrogation protocol on the suspect interrogation protocol on the part of the defendant to the defendant, photographs of the damaged body, a response to the investigation prior to the decision, a criminal investigation protocol ( – - 2017 B. 3).

However, according to the evidence duly adopted and examined by this court, the victim has consistently stated the defendant's act, details of damage, and the situation before and after the crime, and the victim's photograph is also supported.

Unlike others, it does not seem that the victim's statement will be false.

In light of these circumstances, the defendant's assertion cannot be accepted since he can be recognized that he was able to prevent the victim from sustaining disease.

Application of Statutes

Article 260(1) of the Act on the Punishment of Criminal Crimes and the Selection of Punishment (Optional to Penalty) The punishment shall be determined as per the order, taking into account all the relevant sentencing conditions, including the motive and circumstance at which the defendant and the victim are disputed, circumstances after the crime, and the fact that there is no particular criminal history to consider the defendant, and all other sentencing conditions, such as the defendant's age, sex, environment, means and result.

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