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(영문) 수원지방법원 2019.06.07 2018고정1920
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 21, 2018, at around 20:30, the Defendant assaulted the victim D (year 56) who drinked alcoholic beverages from other tables in Suwon-si B on April 21, 2018 by Defendant’s hand on one occasion on the ground that he is bad to the victim D (age 56) who drinked alcoholic beverages from other tables.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Investigation report (Attachment of 112 Report List);

1. Application of statutes on site photographs;

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. The main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (see, e.g., Article 334(1) of the Act on the Aggravated Punishment, Etc. of Victims (see, e.g., Supreme Court Decision 2006Da11248, Apr. 1, 2006) provides that “The victim’s statement is consistent, specific, and sufficiently close distance in light of field photographs, etc.” The victim’s statement is consistent with the fact that the part concerning the Defendant’s appearance, etc. at the time of the victim’s appearance is somewhat lacking credibility or that he/she was assaulting the back head.” The content of the 112 Report Processing sheet prepared on the day of the instant case to the effect that “the Defendant assaulted the victim

A) In light of the circumstances of the instant case, the possibility of assaulting a victim by a third party, other than the Defendant, seems to be very rare. On the other hand, F, the Defendant’s wife, only stated that he was unable to witness the victim rather than that the Defendant did not have committed the victim at this court. Accordingly, it is sufficiently recognized that the Defendant used the victim as stated in the facts constituting the crime in the Defendant’s judgment.

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