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(영문) 서울동부지방법원 2020.02.19 2019고정667

폭행

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant and the victim B are not known to each other.

On January 28, 2019, at around 17:25, the Defendant laid down two times the front of the victim’s vehicle running along the alley in Gangdong-gu Seoul Metropolitan Government, without the direction, etc., and violated the method of passing through the intersection (the prohibition of changing the vehicle along the intersection) from the astronomical distance to the intersection (the prohibition of changing the vehicle along the intersection), and the victim changed in the front of the victim’s vehicle.

On the road, the Defendant was able to set up a vehicle while driving the vehicle on the road, and took a bath with the victim, and the Defendant was able to do so, and the Defendant was able to raise a higher level from the front side of the vehicle of the victim and put up the vehicle.

Accordingly, the defendant and the victim stop the vehicle in the street near the Gangdongdong Station in Gangdong-gu Seoul Metropolitan Government, and the defendant was found to have the head of the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of suspect B;

1. The application of laws and regulations to the USB of black stuffs (the defendant and his defense counsel asserted that the defendant did not assault the victim at the time of the instant case, but according to each of the above evidence, since the defendant was found to have committed violence by cutting the victim's head, the above argument should not be accepted).

1. Article 260 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. The portion not guilty for Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged in this part of the facts charged is that "the defendant assaulted the victim's chest at the same time and place as the facts charged in the judgment of the court below."

2. The victim appears as a witness in this court and stated that "I do not have any person who has left the chest", and the victim was released from the video at the site of the case with several contacts with the defendant, but at the time, the defendant was the chest of the victim.