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(영문) 서울중앙지방법원 2018.07.12 2017고정3930

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

around 20:20 on October 15, 2017, the Defendant: (a) committed assault against the victim, on the ground that the victim, who operated the said vehicle, was not aware of the victim’s chere in the D main points before reporting the victim C (37 years of age).

In addition to the above facts constituting a crime, Defendant was indicted as an indictment that “spits or spits the victim’s face.” However, there is no evidence that the Defendant spits or spits the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness E and part of the witness C’s legal statement [a] the Defendant alleged to the effect that he did not assault the victim while recognizing the fact that he did not assault the victim, but the crime of assault prescribed in Article 260 of the Criminal Act refers to the exercise of force against the person’s body, and the act of breathing the victim’s body constitutes violence by exercising force against the victim’s body];

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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;