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(영문) 대구지방법원 의성지원 2017.08.24 2017고정52
폭행
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From April 14:30 to 15:00 on April 28, 2017, the Defendant, when carrying the victim C and her husband E in the street of the Gyeong-gun, Gyeong-gun, Gyeong-gun, the Defendant: (a) accused the victim C’s husband E by occupying, etc. without permission; (b) filed a complaint against the Defendant’s her husband E by occupying, etc. on September 2016; and (c) sent the Defendant a fine of KRW 2 million around April 2017, the Defendant “Ie Ba-si, Ie” to E; and (d) assaulted the victim C at one time on the left side of the victim C by stick during the process of leaving the victim C with the defect that he/she intends to attempt to start with E (80cm, diameter 20cm).

Summary of Evidence

1. Statement made by the police against C;

1. A report on internal investigation (investigation into the situation of dispatch, etc. at the scene), a report on internal investigation, and each photograph attached thereto (a photograph shown by the defendant and his defense counsel to the effect that the defendant does not have any fact of leaving the victim with stick, but according to the statement made by the investigative agency of the victim and the stick used for the crime of this case, a photograph of the victim's left part due to the crime of this case, etc., the fact of assaulting the victim as stated in the facts constituting the crime of this case can be sufficiently recognized.

Therefore, we cannot accept the defendant's above assertion.

Application of Statutes

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 25 (3) 3 and Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (where the scope of liability for compensation of the defendant is not clear);

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