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(영문) 수원지방법원 안산지원 2013.07.10 2013고정929
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 16:30 on March 20, 2013, the Defendant assaulted the victim C, such as a taxi vehicle operating at the B-distance Intersection at Silung-si, B-distance, and a traffic accident, which took place during which the victim C was faced, making the back of the vehicle a drinking once a week.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of an investigation report;

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

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

3. The Defendant asserts to the effect that the crime of assault is not established on the ground that the Defendant did not contact the rear part of the victim, although the Defendant’s assertion regarding the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act was written one time against the victim.

Violence means the exercise of physical tangible force against a person. It does not necessarily mean that it does not necessarily require any physical contact to the person of the victim, and thus, in the case of an act to display or display hand or things, as the victim takes a bath near the victim, it constitutes violence as an exercise of unlawful tangible force against the victim even though it did not directly contact the person of the victim.

(See Supreme Court Decision 89Do1406 delivered on February 13, 1990). According to the aforementioned evidence, the defendant can recognize the fact that he/she displayed his/her / her her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son'

Although the reasons for sentencing may be considered in light of the circumstances alleged by the defendant, in consideration of all the circumstances indicated in the record, such as the background of the crime in this case, the circumstances after the crime, and the criminal record of the defendant, a fine prescribed in the above summary order is too unreasonable.

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