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(영문) 인천지방법원 부천지원 2019.06.19 2019고정40
폭행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 22:50 on August 5, 2018, the Defendant: (a) asked the victim D (the 53 years old) who is a resident of the above floor, who was not in good condition due to the water leakage between ordinary stories, noise problems; (b) and E, who was married to the victim; (c) expressed the victim’s desire to “I will see why I will see? I will see the victim’s age if I see, I will see that I will see the victim’s face and body “I will see, I will see the same age if I see, I will see. I will see the victim’s age if I see, I am the victim’s shoulder with his body and body, and that the victim will face with the face of her hand, and then would threaten the victim by assaulting the victim by taking the victim’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each part of the witness D and E’s legal statement [the defendant’s act, the content of the victim’s damage, the witness’s witness’s witness’s witness, the circumstances before and after the crime are consistent and specific, and the witness’s statement is also consistent with the images of the CCTV which were reproduced and seen in this court. Each of the above witness’s statements on “criminal facts of the defendant” in light of the video of CCTV and the contents and attitude of the witness’s legal statement and attitude, etc., are recognized credibility]

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Reasons for sentencing under Article 186(1) of the Criminal Procedure Act - The term “Assault” in the crime of assault means the exercise of physical or mental pain to a person’s body. It does not necessarily require any contact to the victim’s body. The illegality is the purpose and intent of the act, circumstance at the time of the act, form and type of the act, existence and degree of pain inflicted on the victim.

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