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(영문) 대구지방법원 2017.10.11 2017고정365

폭행

Text

Defendant

A A shall be punished by a fine of KRW 700,000 and by a fine of KRW 1,50,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. 피고인 B 피고인은 2016. 9. 18. 03:00 경 대구 중구 E에 있는 'F 노래방' 내에서 여자 친구인 G이 무대에서 노래를 부를 때 다른 테이블에 있던 손님인 피해자 A이 무대에 올라와 옆에서 춤을 추면서 위 G을 껴안았다는 이유로 손으로 피해자 머리채를 잡고 카운터 앞까지 끌고 가 주먹으로 얼굴과 머리 부위를 3-4 회 가량 때리고, 넘어져 있던 그의 코 부위를 무릎과 발로 각 2회 걷어찼다.

As a result, the Defendant inflicted an injury on the victim, such as cutting a peltos that require treatment for a period of 21 days.

2. Defendant A, on the date and time, at the place specified in paragraph 1, and on the ground that the victim B was able to catch his head, and led her head, assaulted the victim A at one time to the right side of his drinking.

Summary of Evidence

[Defendant A]

1. Partial statement of the defendant;

1. Each legal statement of witness B and G;

1. Each video recorded in a video CD or CCTV video CD;

1. Each photograph (the defendant and his defense counsel are true to display a drinking, but they do not fit on the right eye of the victim B;

However, it is recognized by the evidence of the ruling that the victim's right side is faced with the victim's right side.

In addition, the act of putting or throwing a hand or an article, as the body of the victim may be used to take a bath near one other, did not directly contact the body of the victim.

Even if an unlawful use of force against a victim constitutes an assault (see Supreme Court Decision 89Do1406 delivered on February 13, 1990). The above argument is without merit.

[Defendant B]

1. Partial statement of the defendant;

1. Each legal statement of a witness A and H;

1. A written diagnosis of injury;

1. Each video recorded in a video CD or CCTV video CD;

1. Application of each statute on photographs;

1. Article 260(1) (Selection of Penalty) of the Criminal Act (Selection of Penalty): Article 257(1) (Selection of Penalty) of the Criminal Act; Article 257(1) (Selection of Penalty) of the Criminal Act;

1. Attraction of a workhouse;