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(영문) 춘천지방법원 2015.07.21 2015고정122

폭행

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On October 29, 2014, around 19:25, the Defendant assaulted the victim, such as a mother and child, who was used for the reason that the victim C(40 years of age) parked in a vehicle in the exclusive use area of the Defendant, at the security parking lot of the Chuncheon Hacheon-si, Gyeongcheon-si, 294, Macheon-si, Macheon-si, Macheon-si, Macheon-si, Macheon-si, and the victim's chest.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Related photographs;

1. Application ofCC-TV image Acts and subordinate statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. First of all, the Defendant’s assertion on the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act alleged to the effect that the act of assaulting the victim’s chest does not constitute an assault. However, the crime of assault under Article 260 of the Criminal Act refers to the exercise of tangible force against the human body, and the exercise of such tangible force refers to the exercise of physical pain (see Supreme Court Decision 2000Do5716, Jan. 10, 2003). As such, the Defendant’s act of threatening the victim’s chest constitutes an assault as the exercise of tangible force against the victim’s body.

Next, the defendant's act asserts to the effect that the defendant's act constitutes an act that can be accepted by social norms as an act against the victim's motive and threat that the victim has obtained regardless of the defendant's legitimate restraint.

According to each of the above evidence, the parking of the victim in the parking space used by the defendant for reading room is the fact that the victim's parking is necessary, and the defendant is dissatisfied with each other, and the defendant is exempted from the mother and the face of the victim, and is charged with the chest of the victim by his body. According to the above facts of recognition, according to the above facts of recognition, the defendant is a parking problem with the victim.