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(영문) 광주지방법원 장흥지원 2017.04.27 2016고단199
폭행등
Text

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

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

Reasons

Punishment of the crime

1. On April 25, 2016, the Defendant: (a) committed assault against the victim, such as assaulting the victim by putting the victim’s head knife with the knife of the victim’s knife, knife, in a bus moving from the chemical site located in the area of the Hadong-dong, Hadong-dong, Hadong-gun, to the “ Bosungsung-dong,” located in the Bosung-dong, Bosung-dong, Bosung-gun, Bosung-gun.

2. On April 25, 2016, the Defendant: (a) was in a situation in which the victim C, who was unable to move within a bus parked in a parking lot for the “Yansung-gun, Bosung-gun,” located in the “Yandong-gun,” which was stopped on April 25, 2016, was trying to get off the bus through the bus in order to provide meals; (b) so, the Defendant was negligent in failing to perform his/her duty of care to prevent the occurrence of danger, such as getting off the bus by getting out of the bus; and (c) thus, he/she left the bus behind the victim by neglecting the said duty of care.

By pushing the D’s shoulder part of the victim, the victim was injured by the victim, such as “12 hours of acute pressure pressure pressure, 12 times of scarcity, etc.,” which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Each statement of the witness C, E, F, and G in the third public trial records;

1. A medical certificate;

1. The victim's photograph (which claimed that the defendant and his defense counsel did not assault or force the victim, but the victim's statement is consistent with the police's main part from the police to the court, specific, and witness's statement also partially consistent with the victim's statement, and the above evidence can sufficiently be found guilty of the above crime under the above evidence)

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of fines) and Article 266 (1) of the Criminal Act (the point of injury by negligence and the selection of fines) concerning the crime;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in more serious assault crimes);

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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