피고인은 2015. 10. 6. 19:45 경 광주 북구 동림동에 있는 ‘서 광주 농협’ 앞길을 동림 IC 쪽에서 C 쪽으로 진행하던 피해자 D(33 세) 이 운전하는 E 승용차 안에서 대리 운전기사인 피해 자가 고속도로로 멀리 우회하여 운행한다는 이유로 피해자에게 “ 사기꾼” 이라고 욕을 하면서 피해자가 쓰고 있던 모자를 잡아챈 다음 피해자의 머리를 1회 때리고, 조향장치를 잡고 있는 피해자의 오른손 손목을 수회 꼬집어 자동차를 운행 중인 피해자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect to the public prosecutor and the accused by the police (including the whole part of interrogation);

1. Statement protocol with respect to D by the police;

1. The charge that the defendant denied the charge, but considering the above evidence, the defendant under the influence of alcohol committed an assault against the victim is fully found guilty.

B. Although the Defendant asserts to the effect that he was an urgent escape under the circumstance that he was in a state of mental or physical weakness by drinking alcohol at the time, or misunderstanding that he was kidnapped, this cannot be accepted as well) and the application of the statute.

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Article of the Act;

1. In light of the circumstance and result of the above case’s sentencing under Articles 70(1) and 69(2) of the Criminal Act, the amount of fine specified in the summary order of this case is to be imposed in light of the conduct of the defendant before and after the crime, whether the defendant’s act was committed, whether the damage was recovered, equity with similar cases, etc.

subsection (b) of this section.

It is so decided as per Disposition for the above reasons.