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(영문) 전주지방법원 정읍지원 2016.06.28 2016고정82
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 November 9, 2015, the Defendant: (a) committed assault on the part of the victim on the ground that the victim C (V, 86 years old) was divided into two parts of the welfare center for the elderly in front of the peace center for the elderly of the North-do, Tae-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, 40, at the center, and brought about two parts without permission by the victim C (V, and 86 years old); and (b) assaulted on the part of the victim at one time on the left side of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to C and D;

1. Report on internal investigation (related to statement on telephone conversations of a suspected person), investigation report (related to attachment of photographs of a suspect and stick held at the time of violence);

1. The victim's photograph and the photograph related to the appearance of the suspect [the defendant did not know whether the victim was the victim while recognizing the fact that the stick as stated in the judgment below was provokingd against the victim. However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court are as follows: ① the victim reported the fact of violence and injury to the police box immediately after the occurrence of the instant case; ② the police investigation clearly stated the facts that the defendant was assaulted by the defendant; ② the welfare center at the time was within the welfare center.

D Also, in the police investigation, witnessed the Defendant’s assault.

On November 16, 2015, the defendant also led to a confession of assault by a police officer and a telephone call at the time of internal investigation into the police on November 16, 2015, and committed a stick on January 6, 2016, which was recorded in the judgment at the time of the police investigation into the police.

Comprehensively taking account of the fact that the defendant clearly stated, the fact that the defendant used the victim's assault can be acknowledged as stated in its holding)

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

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