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(영문) 수원지방법원 2020.05.28 2019고정1501

폭행

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

At around 20:00 on June 1, 2018, the Defendant: (a) committed assault against the victim C (Nam, 61) on the second floor of the Suwon-gu B Apartment Building Building Building, Suwon-gu, Suwon-si; (b) “I would like to adjust imperity relations” from the victim who had been in an internal relationship for about 2 years with the Defendant and approximately 2 years; (c) “I would like to not communicate again; d. would not communicate again; and (d) I would like to look back on the floor, and assault the victim by spreading water from the water disease to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the police interrogation protocol of the defendant who made a statement C in court;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 6,8);

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. First of all, Article 334(1) of the Criminal Procedure Act provides that the Defendant and his defense counsel shall spread water to the victim. However, this is merely an act with the intent of preventing the victim from impairing the honor of the Defendant by stating that “the Defendant and D have a pet and sexual intercourse,” in front of the Defendant and D, and that the Defendant did not intend to commit assault.

However, according to evidence duly adopted and examined by this Court, such as C's legal and police statements, police statements by the Defendant, records of conversations between the Defendant and C, and records of phone calls by D, etc., it is recognized that the Defendant was gird at D's office around 20:0 on June 1, 2018 that the Defendant gird water contained in a physical disease to the victim and carried away from the presence of the victim. As such, the act of throwing an article close to the victim should be deemed as an act of assault against the victim even if the article did not directly contact the victim's body, so long as the Defendant did the above act under his own decision, it shall be deemed as an act of assault against the victim.