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(영문) 서울중앙지방법원 2016.11.02 2016고정1464

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On February 28, 2016, around 19:10 on February 28, 2016, the Defendant: (a) placed a vehicle in front of Dongjak-gu Seoul Metropolitan Government for the reason that the victim D (year 27, n) was parked in front of the “E” set by the Defendant; (b) assaulted the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant statutory provisions on criminal facts, Article 260(1) of the Criminal Act of the choice of punishment, and the choice of a fine (based on each evidence in the board, it can be recognized that the Defendant saw the victim as drinking, and even if such act did not directly contact the victim's body, it constitutes assault against the victim even if the victim's body was sexually close to the victim's body by using violent language, taking a bath, or displaying hand or goods at the same time and did not directly contact the victim's body (see, e.g., Supreme Court Decision 200Do5716, Jan. 10, 2003).

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;