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(영문) 광주지방법원 2020.08.11 2020고정459
폭행치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 17:50 on January 2, 2020, the Defendant: (a) assaulted the victim D(54 years of age) and E(49 years of age) to smoke in the elevator and to correct the fat of the fat in order for the apartment security guard to mislead the Defendant to smoke in the elevator, and to comply with the fat of the victim D’s fat; (b) assaulted the victim E’s fat; (c) fating the fat; and (d) continuously fat the fat of the victim E’s fat to the living room by saving the fat of the fat; and (d) assaulted the victim E’s fating the fat of the two parallels of the victim E, thereby causing injury to the victim E’s fat of the fat of treatment days on the following table; and (e) double the victim E suffered from the injury of the victim E as to whether the fat of treatment days on the fat.

Summary of Evidence

1. The defendant's partial statement in each legal statement E, D, and F;

1. Application of Acts and subordinate statutes to photographs of damaged parts (E) and photographs of damaged parts (D);

1. Relevant provisions of the Criminal Act and Articles 262 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that he did not agree with both sides of the victim E, and that the victims did not suffer injury due to the Defendant’s act.

그러나 위에서 거시한 증거들에 의하면, 피고인이 피해자 E의 양쪽 정강이를 발로 찼고, 피고인의 폭행으로 인하여 피해자들이 이 사건 공소사실 기재와 같은 상해를 입었음을 충분히 인정할 수 있다.

Therefore, the defendant's assertion is not accepted.

The reason for sentencing is that the defendant denies part of the facts charged so far, and the defendant commits violence against him.

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