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(영문) 수원지방법원 성남지원 2014.06.12 2014고정316
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

Criminal facts

At around 10:30 on September 7, 2013, the Defendant found the “Ecomputer” for the operation of the Victim D(36 years of age) located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, and brought an objection to the “Ecomputer,” and, while making a horse dispute with the victim, the Defendant used the victim as the hand-on and assaulted the victim by smugglinging the victim’s buck.

Summary of Evidence

1. Part of the defendant's statement in court (the date and time of the judgment of the defendant, and the purport that the victim's face is the victim's hand);

1. Legal statement of witness D;

1. The defendant and his defense counsel asserted that the defendant's assertion of the result of the verification of the video CD of this court was based on the date and time of the judgment, at the place of the judgment, the victim stated that the defendant's face is sealed and the defendant was pushed down, and therefore, there was no intention of assault. However, according to the evidence adopted above, it is acknowledged that the victim who was the defendant at the time used to stand her face with the defendant's face, and the victim was exposed to the defendant's face, and the victim was exposed to the defendant's face. This constitutes the crime of assault under Article 260 of the Criminal Act, i.e., the exercise of illegal tangible power against the person, and the defendant's intent of assault is sufficiently recognized. Thus, the other defendant and the

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there are unfavorable circumstances such as not recognizing a mistake even if the defendant's crime was recognized as a result of sentencing as stated in the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act, the direct motive of the crime of this case was derived from the fact that the defendant's direct motive of the crime of this case was left behind by the victim's suspect who want to sit, and some of the circumstances leading up to the crime were taken into account.

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