beta
(영문) 서울중앙지방법원 2021.01.27 2020고단3075

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 December 17, 2019, around 01:45, the Defendant, within the “C” located in Seocho-gu Seoul Metropolitan Government, and around December 17, 2019, the mother of the victim D (45 years) had talked with the victim about the money lent to the Defendant, and had the victim d (45 years old) talked with the victim, and had the chest and shouldered on the hand floor.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Statement made by the police against D;

1. Each written statement of D and E;

1. The defendant and his/her defense counsel asserted that the victim did not assault the victim merely because the victim took a half-way and dump rice.

However, in full view of the following circumstances that can be recognized by the above evidence, the fact that the defendant abused the victim can be sufficiently recognized.

(1) The birth E of a victim and a victim is mutually consistent from an investigative agency to this court by the defendant, and the defendant assaultss the victim.

statement is made.

② According to the recording records in which the situation at the time was recorded, the Defendant first refers to the victim’s body as “hicker,” the Defendant’s body cannot be seen as having taken the victim’s body as a hand floor, and the Defendant recorded the victim’s desire to see the victim. The content of the recording is inconsistent with the statement of the victim and witness, and is contrary to the Defendant’s assertion that the victim was dumped first.

3. That the witness F did not assault the victim in this Court.

However, it is difficult to believe that the above recording is not only inconsistent with the content of the above recording, but also is likely to have been under the influence of alcohol in light of the form of the statement written at the site.

Application of Statutes

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

1. The Criminal Procedure Act for the Costs of Litigation.