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(영문) 서울중앙지방법원 2018.09.13 2018고정171
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On September 27, 2017, at around 17:50, the Defendant argued that “D” offices operated by the Defendant in the Jung-gu Seoul Special Metropolitan City B Building C, the Victim E (50) provided money to F, the representative director of the said company, to obtain a loan, and that the Defendant was replaced by the fraud, and assaulted the victim by taking the victim’s face at the time of drinking.

Summary of Evidence

1. Protocols of examination of witnesses E and G;

1. Application of Acts and subordinate statutes concerning investigation reports (related to verification of witnesses);

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. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is the date and time stated in the facts charged, and at the place, the defendant assaulted the victim's chest once.

2. The victim, as stated in the facts of the crime, is deemed to have reached knife of the victim's chest on one occasion in addition to the defendant's face twice by drinking together with the victim's face.

First of all, witness G and H stated that “Although there was a fact that the Defendant was booming the victim while she was booming the victim, it was not deemed that the victim’s chest was booming the victim,” and there is no other evidence to prove this part of the facts charged.

3. In conclusion, this part of the facts charged constitutes a case where there is no proof of crime, and thus, a not-guilty verdict should be pronounced by the latter part of Article 325 of the Criminal Procedure Act. However, inasmuch as it is found guilty of the crime of assault in the judgment in relation to the crime

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