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(영문) 인천지방법원 부천지원 2015.04.30 2015고정74
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Victim C is the relationship between the building owner and the defendant who was the tenant of the building C.

Around 12:00 on October 12, 2014, the injured party C had a dispute as to the directors, such as the Defendant and the balance settlement, etc., who were living in the building C in the middle part of the building C in the middle part of the previous part. A assault was committed against the Defendant’s chest part of the chest part of the Defendant on one occasion in the elb and shoulder. The Defendant committed an assault on the part of the said time and place for the same reason, for the same reason, the Defendant committed an assault on the part of the victim C(42 years old, South)’s left part and the parts of the side part of the victim C(the victim’s 42 years old, South) at the same time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A receipt of expenses incurred in repairing boilers and a written diagnosis of each injury;

1. The defendant and his defense counsel asserted that the defendant did not assault the victim.

In light of the following circumstances, the evidence duly adopted and examined in this court is recognized as a whole: (a) the victim consistently stated that the victim was subject to the assault from the Defendant as stated in the facts charged from the investigative agency to the court; and (b) the content of the statement appears to be reliable including the part that was difficult to obtain detailed and direct experience; and (c) the remaining evidence as a whole is found guilty of the facts charged in this case.

Therefore, the above argument is not accepted.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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