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(영문) 서울중앙지방법원 2018.08.17 2017고단6850

폭행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 28, 2017, around 13:50 on July 28, 2017, the Defendant assaulted the victim C (37 years of age) who was followed by the Defendant’s temporary stopping of a car driven on the street in front of Seocho-gu Seoul, on the ground that he resisted the border while making the border, and did not participate in a dispute, and did not participate in the ebbbbbage of the victim, and boomed the victim’s body by making the ebbbbbbling, with his hand.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Statement made by the police against C;

1. C’s statement;

1. Application of Acts and subordinate statutes to a investigative report (related to field CCTV images), five photographs by cutting off CCTV images, two copies of on-site CCTV CDs, photographs of victim’s assault, investigation reports (inwards D), each investigation report (inwards), and a report on investigation (informs reporting on the verification of CCTV images);

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 260 of the Criminal Act, and selection of imprisonment;

1. Determination as to the defendant's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution

1. The alleged defendant has not committed assault, such as cutting down C’s balths by hand or balping his body by hand;

C spits or spits, while taking a bath in large sounds, the Defendant is merely a public figure of the victim at the level of defense of a political party in order to avoid this. Therefore, the Defendant cannot be punished as an assault.

2. The following circumstances are consistently stated to the effect that this Court’s judgment may be recognized by comprehensively taking account of all the above evidence duly adopted and investigated by the court: ① from the time when the police was investigated to this court, C stated to the effect that “from the time when the defendant was to undergo an examination to the police, the defendant was unable to overtake the motor vehicle that the defendant was driven by temporarily stopping on the road and then the defendant was unable to overtake the motor vehicle that the defendant was driven, so the defendant was able to cut off the motor vehicle while sounding the border, and that the defendant was unable to take part in the flab and pushed down the body of the defendant by hand.”