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(영문) 대전지방법원 천안지원 2014.12.18 2014고단553

폭행

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. At around 09:20 on March 13, 2014, Defendant A used the victim’s bridge part at one time in front of the 21-dong nurse’s 21-dong unit at the Hannam-gu University University Hospital located in 196, Chungcheongnam-gu, Dong-gu, 2014, and used the victim’s bridge part at one time in front of the victim’s father who was hospitalized in the above hospital and the victim’s father at the above hospital.

2. Defendant B, at the above date and time and at the above place, assaulted the victim’s left her hand at one time by taking the victim’s loss from the victim A (50 years of age).

Summary of Evidence

1. Defendant B’s legal statement and part of Defendant A’s legal statement

1. Each legal statement of witness B and F;

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Determination as to the defendant A and his/her defense counsel's assertion of each suspect photograph and investigation report (suspect A's telephone statement hearing)

1. The gist of the assertion is that the Defendant merely dumping off the victim B’s bridge, and thus did not reach the degree of assault as referred to in the crime of assault, as well as the crime of assault.

Even if it is a legitimate act that does not go against the social norms, it is merely a sweaking sweld with a swelve in order to get a sweld victim.

2. However, according to the above evidence, it is acknowledged that the defendant was aware of the defendant's provoking of the victim's bridge by walking the part of the victim's bridge. This is an exercise of tangible force against the victim's will, which constitutes an assault against the victim's will, regardless of its force, and as long as it constitutes an assault, the degree is minor.

Even if it is merely a difference in the dimension, it is difficult to recognize it as a legitimate act that does not go against the social rules, and the above argument is not acceptable.

Application of Statutes

1. Defendants of relevant legal provisions concerning criminal facts: Article 260(1) of the Criminal Act and the choice of fines

1. Defendants to be detained in the workhouse: Article 70(1) and (2) of the Criminal Act.