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(영문) 서울동부지방법원 2015.10.21 2015고단932

폭행

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 17, 2015, at around 15:20, the Defendant assaulted the victim’s spawn with her hand, on the ground that the victim C (the age of 34) went out of the above elevator and was pushed down the Defendant, in the vicinity of the 3rd elevator of the “Masung Electronic Service Center” located in 1117, as Gangdong-gu Seoul, Gangdong-gu, Seoul, for the following reasons:

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Application of the police interrogation protocol to C

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion that he was the victim two times, and the victim was able to use the defendant's chest by drinking the defendant's chest, and the victim was able to drive the victim by driving the victim. Thus, the victim did not assault the victim.

2. The victim has consistently stated in the investigative agency and the court the fact that the Defendant spawns down and spawned.

The defendant argued that the victim was the victim and the victim was able to escape. However, the witness D stated that the defendant was satisfing in the stairs to prevent escape, and the witness E stated that the defendant was satfing in the satch so that the victim was not able to escape. In light of the fact that the witness E stated that the defendant was not able to escape, the victim's statement that the victim was assaulted by the victim is credibility.

The defendant's assertion that the victim was assaulted by the victim would be able to take into consideration the victim's getting off from the elevator while being pushed the defendant, and breath, and breath.