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(영문) 부산지방법원 2016.07.22 2016고정334
폭행
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

At around 19:40 on October 23, 2015, the Defendant received a request from the victim D(57) located in Seo-gu Busan, Seo-gu, Busan at the victim D(57) located in Dong-gu, where the victim was living together with the victim, that “the victim was faced with and driven away from the victim, and the objects were changed,” and the Defendant caused the victim to find the E mobile phone, etc. at the victim’s home along with E. at the victim’s home. From the victim at that place, “I have been doing anything to the victim.”

During the hearing of the words "" and having been in dispute, the victim abusedd by balping the victim's balthm.

In addition to the facts charged in this case, the part of the facts charged that "the defendant assaulted the victim's face at several times." However, as evidence directly corresponding to this, it is difficult to believe that the victim's witness D's statement is in light of the victim's attitude of statement in this court, witness E's legal statement, etc. In addition, according to other evidence submitted by the prosecutor, there is no obvious evidence to acknowledge that the defendant committed violence by taking the victim's flaps and taking the victim's face into account the victim's blaps, other than

However, since the defendant is found guilty of assaulting the victim like the facts constituting an offense, the part of the facts charged that "the defendant assaulted the victim's face at a time," which reads the defendant and defense counsel's assertion, is excluded from the content of assaulting the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of witnesses D and the legal statements of witnesses E;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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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