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(영문) 수원지방법원 성남지원 2018.06.29 2017고정997
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

Around August 2011, the Defendant borrowed KRW 18 million from the victim B (59 tax) from the victim B (59), but failed to repay the borrowed amount at all times, and the victim took one demonstration over four occasions from June 26, 2016 to July 17, 2016 to the effect that he/she would have paid the money in front of the church the Defendant attends.

Around 14:50 on September 1, 2016, the Defendant was found in the office of D Company where the injured party in Mapo-gu Seoul Metropolitan Government was working for the Defendant, and the victim was a one-person demonstration against the Defendant, and the Defendant was suffering from the Defendant’s arms while making a serious dispute with the victim, which led the Defendant to get the Defendant’s arms. However, according to CCTV video and witness B’s testimony, etc., the Defendant’s arms were taken by the victim, and the victim was found to have been deprived of the victim’s arms. Accordingly, the Defendant’s assertion of innocence, illegality, or responsibility cannot be accepted.

However, the facts charged are as follows: “The victim committed assault to the victim, such as cutting down the arms of the victim,” but it is not deemed that the victim’s arms were prosecuted for committing assault other than cutting down. Therefore, the facts charged are modified and recognized as above in order to clarify the facts charged.

The victim committed violence against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. Application of CCTV video files CD-related Acts and subordinate 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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