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(영문) 인천지방법원 부천지원 2018.02.12 2017고단2301
절도등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged, the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence relations.

[Criminal record] On October 12, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of assault, etc. in the Busan District Court’s Vice-Support, and the judgment became final and conclusive on February 2, 2018.

[2] On August 25, 2017, the Defendant assaulted the victim at 14:05, Seocheon-ro 1-1 floor square of Seocheon-ro 1-1, Seocheon-ro, 2017, on the ground that he did not receive this personnel, on the ground that he did not receive this personnel, on the part of the victim B (44 years).

[ 피고인과 변호인은, 피고인이 피해자를 아는 사람으로 착각하여 피해자의 목에 가만히 손을 댔을 뿐 공소사실 기재와 같이 피해자를 폭행한 사실이 없다고 주장한다.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the fact that the defendant assaultsd the victim as stated in the facts charged is sufficiently recognized.

The defendant and defense counsel's allegation in this part is without merit.

(1) A witness C shall be present in this court and take an oath, and the defendant observed a breath of the victim's rear water and shoulder while under the influence of alcohol, and only one of them was too strength to be used by the victim.

The testimony was clearly made.

The statements about the conditions before and after are specific and sufficiently believed.

증인과 피고인, 피해자의 관계에 비추어, 증인이 위증죄로 처벌 받을 위험을 감수하면서 피고인이 가만히 손만 댔을 뿐인데 때린 것이라고 허위로 증언하였다고

shall not be deemed to exist.

② The victim reported the Defendant to the police at the same place.

③ The Defendant stated that the police, who was dispatched to the scene, did not receive personnel from the victim, and did not go away from the course, and thereafter, he was investigated at the police station.

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