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(영문) 인천지방법원 부천지원 2014.05.22 2013고정1654
폭행
Text

Defendant shall be punished by a fine of 1.50,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 02:00 on May 16, 2013, the Defendant assaulted the victim D(the age of 42) with her hand, such as her flabing flaps, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol regarding D;

1. Statement to E by the police;

1. Application of the investigation report and the Acts and subordinate statutes governing the damaged party photographs;

1. Article 260 (1) of the Criminal Act and Article 260 of the same Act concerning the applicable criminal facts and the choice of punishment;

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

1. The defendant alleged that there was no assault against the victim as stated in his/her reasoning, but the victim stated at the investigative agency that he/she was assaulted by the defendant as stated in his/her reasoning. The above statement is supported by the image of the photograph taken by the victim around that time, and is also consistent with the witness E's statement at the investigative agency. Thus, the defendant's above assertion is rejected.

Although the defendant for sentencing has been punished several times due to violent crimes (one time of suspended sentence of imprisonment and three times of fine), the crime of this case appears to have strong aspects caused by the victim, the defendant's intent of attack against the victim seems to have been relatively weak, and other circumstances of this case, which are conditions for sentencing, such as the defendant's age, character and conduct, criminal records, family relationship, and circumstances after the crime, shall be determined as per the disposition in full view of all the circumstances of this case.

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