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(영문) 청주지방법원 2019.08.28 2019고정58
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

At around 06:00 on November 12, 2018, the Defendant assaulted the victim’s face at one time on the floor of the Cheongju-gu Seo-gu B apartment, Seowon-gu, Seowon-gu, Cheongju-si, by failing to pay the victim C with the taxi operated by the Defendant, due to the defect that the Defendant would drive away and pay the fee.

Summary of Evidence

1. Defendant's legal statement;

1. The witness D and C’s each legal statement [the defendant and his defense counsel did not have any fact at the time when the defendant was the victim, but the following facts or circumstances revealed by the evidence, namely, the victim has consistently made a statement as to the same damage as the facts charged in the investigation agency and this court; D’s witness witness witness witness witness witness of this case stated to the effect that the victim and the defendant had a scam and a physical contact between the victim and the defendant; at the time of this case, there was a fact that the victim had a scam at the time of this case; if only the defendant committed an act at a passive resistance, it would be difficult for the victim to have a cam for the victim ( even if the defendant’s assertion was made, the victim was faced with the defendant).

In light of the above, the application of the law can be recognized by the defendant's assaulting the victim.

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act shall be determined by comprehensively taking into account the following factors: the background of the instant case; the degree of tangible force the victim and the defendant exercised; the age, character and conduct, environment, motive, means and consequence of the crime; and

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