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(영문) 서울남부지방법원 2018.02.14 2017고단1873

폭행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 14, 2017, at around 09:30, the Defendant used the sweet in front of the building C in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul and used the 1 person demonstration, and used the sweet to take the sweet content as a mobile phone, and used the sweet (breadth 80cm, length 60cm, length 60cm, length 80cm, length 60cm) used by the sweet, and used the sweet to take the sweet content as a mobile phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to on-site photographs (the fact that the defendant may use both arms may be recognized);

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. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act against the defendant's assertion of the provisional payment order argues that the defendant merely sent the victim a secret by infringing on the freedom of expression and portrait rights by photographing the photograph of the defendant and the diskettes, and that the defendant cannot be found guilty unless the video and the transcript are recorded.

First, the evidence of criminal case does not allow the defendant to choose, but it is not possible to recognize the crime of the defendant only by the evidence of the kind claimed by the defendant.

According to the above evidence, the defendant may recognize the fact that he assaulted the victim as stated in its reasoning (if he takes the victim into the strokes made by the strokes, he does not necessarily have to face the strokes as a matter of course). Furthermore, according to the evidence h above, the fact that the victim has taken the photographs of the defendant and the scokes can be recognized, but the scokes created by the defendant and the defendant who publicly expresses their own will through one person demonstration have already been disclosed to the public, and special circumstances (the fact that the photograph claimed by the defendant can be used in filing a complaint or accusation does not correspond