beta
(영문) 서울중앙지방법원 2019.11.22 2019노1084

폭행

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 200,000 won.

Defendant

B.

Reasons

1. Summary of the grounds for appeal;

A. Defendant A did not assault B’s face by hand while he/she had a verbal dispute with B, as stated in the facts constituting an offense in the lower judgment.

B. The prosecutor (not guilty part of the judgment of the lower court) committed assault by Defendant B, as stated in the facts charged, to the face of A while making a verbal dispute with A, or having a handout and handout of documents.

2. In full view of the following facts admitted by the lower court based on the evidence duly admitted and examined by Defendant A, and the circumstances inferred therefrom, the fact that Defendant A (hereinafter referred to as “Defendant” in this paragraph) assaulted Defendant A (hereinafter referred to as “Defendant B”) at the face of Co-Defendant B (hereinafter referred to as “B”) who is the victim as stated in the facts constituting a crime as indicated in the lower judgment can be fully recognized.

Defendant’s assertion is without merit. A.

From the end of the end of 2016, the Defendant and B have constantly conflicted with each other by defamation, etc. in relation to the C apartment reconstruction project and the election of the council of occupants' representatives.

B. On the day of the instant crime, the Defendant and the same apartment resident F had distributed a leaflet in the apartment mail, and the Defendant and B had a humbling dispute with each other.

다. B이 제출한 음성파일(증 제1호의 2)에 의하면, 피고인이 “이 씨발놈이.”라고 한 직후 “퍽”하는 소리가 났고, 이에 B이 “어머. 야.”라고 소리를 지른 사실을 인정할 수 있는데(01:58~02:01), 이때 B이 피고인으로부터 얼굴을 맞은 것으로 보인다.

On the other hand, according to the above voice files, it can be recognized that “the defendant brought about as a requisite evidence,” and that “B was in her place of business at around the time of leaving the site,” and that “I am in her place of business.”

(02:14-02:18). The defendant's defense counsel means that the defendant brings evidence on this basis, and intends to leave the scene.