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(영문) 청주지방법원 충주지원 2020.04.01 2019고정236

폭행

Text

The sentence against the accused shall be determined by a fine of one million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Criminal facts

The defendant and the victim B(the age of 31) are adjoining neighbors who reside in the same apartment complex.

On July 4, 2019, at around 09:00, the Defendant: (a) reported the victim who was math in the corridor of the 14th floor of the Chungcheongnambuk apartment D apartment, and took part in his family issues; (b) forced the victim to remove the scambling on the ground that he participated in his family issues; and (c) assaulted the victim’s scam belt by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. The police statement concerning B;

1. B’s written statement stating that such behavior does not constitute illegality, although the Defendant took the part of the victim’s belt, the Defendant asserted that it does not constitute an unlawful act. The circumstances revealed by the record, namely, the purpose and intent of the victim’s belt at the time, the situation at the time of the act, the method of committing the act (the Defendant was exempted from the victim’s awareness by force, and the arbitr belt was taken.

In light of the above, the defendant's behavior stated in the facts constituting the crime seems to be unlawful. Accordingly, the defendant's argument cannot be accepted.) The application of the law is justified.

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;