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(영문) 수원지방법원 여주지원 2017.05.31 2016고정346
폭행
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

On August 30, 2016, around 06:05, the Defendant turned down the gas station of the Victim E (52 Do) at the D gas station operated by the Defendant located in C (52) at around 06:05 on August 30, 2016. However, there is no person to view that the light of the f4.5 tons of freight trucks, which had been stopped, would be sounded from the new wall to put the victim into the oil.

“The Defendant and his/her defense counsel did not assault the victim as stated in the facts of the crime, but did not constitute a legitimate defense or defensive act. However, according to the evidence duly adopted and investigated by the court, the Defendant could sufficiently recognize the fact that he/she did not fight with the victim, as seen above, because he/she did not have a little body with the victim, but can sufficiently recognize the fact that he/she assaulted the victim as above, on a different premise, since he/she did not have a little body fighting with the victim, the head of the victim was 3 to 4 times in drinking, 3 to 4 times in drinking, and walked on the part of the victim, such as buckbucks, etc. (the Defendant and his/her defense counsel did not have assault the victim as stated in the facts of the crime). The summary of the evidence cannot be accepted).

1. Partial statement of the defendant;

1. The recording of each statement made to witnesses E and G in the fourth public trial records;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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