beta
(영문) 서울남부지방법원 2017.06.15 2017고정205

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant and the victim C(47 years) are members of the redevelopment and consolidation project association for D houses.

On October 17, 2016, at around 12:00, the Defendant, at the above partnership office located in Yeongdeungpo-gu Seoul Metropolitan Government, expressed the victim’s desire to “a pair of gue” as a matter of submission of data with the victim, and assaulted the victim by hand, such as shaking the head of the victim’s hair.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes confirming the F's fact;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is the date and time stated in the facts constituting the crime, and the submission of materials with the victim C and at a place, the Defendant assaulted the victim by putting items with the victim’s head.

2. In light of the reasoning of the judgment, the evidence submitted by the prosecutor alone is insufficient to acknowledge that the defendant tried to affix the head of the victim with an item mold, and there is no other evidence to acknowledge it. Therefore, this part of the facts charged is a case without proof of a crime and thus, the defendant should be acquitted by the latter part of Article 325 of the Criminal Procedure Act. However, inasmuch as it is found that the defendant guilty of assault in the judgment in relation to such crime, the defendant shall not be acquitted separately from the disposition