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(영문) 대전지방법원 2017.12.22 2017고정610

폭행

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the apartment unit C, and the victim D is the resident of the same apartment.

On October 1, 2016, at around 11:00, at the regular meeting of occupants, the victim took a Handphone and acted to photograph the defendant, thereby making the defendant fighting.

On October 1, 2016, at around 12:00, the Defendant took the 1st floor of the community facility of Sejong Special Self-Governing City, a Metropolitan Autonomous City C apartment, without taking a Handphone photograph in the regular meeting place, and the Defendant misleads the Defendant, as stated, the Defendant took a handphone, i.e., “on the outside of the conference place, she is not stamped,” and took a handphone, and taken a handphone, and deducted the Defendant from the victim’s handphone. The Defendant took a handphone of the victim’s handphone, and the Defendant took the handphone of the victim’s handphone. The Defendant took the victim’s handphone, and the Defendant took the victim’s handphone, and committed assault, i.e., e., f., g., booming the victim’s flaps and flabing the part of the victim’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes on the photograph of damaged victim D;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant, in order to delete the Defendant’s video taken by the victim, took the victim’s Handphones from the victim, and concentrated only two hand to find the Handphones in a canter and to find the booms in which the video is taken.

B. The defendant did not assault the victim.

2. Determination

A. According to the record, the Defendant took a Handphone of the victim, but did not delete the Defendant’s video taken by the victim, and instead cut the Handphone to the victim again.