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(영문) 수원지방법원 성남지원 2019.05.08 2018고정1287

폭행

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a victim B and husband, and is currently in a divorce lawsuit.

The Defendant, around 06:04 on October 19, 2018, on the grounds that the victim was stuffed in Sungnam-gu C apartment D, Sungnam-si, Sungnam-si, on the ground that he was the victim’s outer stay, it is difficult to deem that the victim’s head was at the time of hair more than once according to the result of the victim’s reproduction of video CDs once. The Defendant corrected “1-2 times” as “one time.”

Malina, the grandchildren were assaulted once.

Summary of Evidence

1. Legal statement of the witness B;

1. The police statement concerning B;

1. Application of each video CD-related statute;

1. Relevant Article 257 (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. The summary of the argument of the defendant and his defense counsel regarding the assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act is that the defendant did not have the victim's head at the time of the victim's head, and only did the victim's cell phone image to prevent the victim from continuing to photograph without the defendant's consent.

As such, the act of protesting against the unilateral photographing of the victim and preventing it constitutes a justifiable act under Article 20 of the Criminal Act.

Judgment

According to the results of the CD reproduction in this court, the fact that the defendant tried to take the cell phone device used by the victim is recognized, as alleged by the defendant and his/her defense counsel.

However, in full view of the following facts and circumstances revealed by the evidence duly admitted and investigated by this court, the defendant can sufficiently recognize the facts of assaulting the victim as stated in its reasoning in the process.

(1) A victim consistently makes a statement from an investigative agency to the court that his/her head is drinking from the accused.

② According to the victim’s video CD reproduction result, the Defendant was the victim at approximately 15 seconds.