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(영문) 수원지방법원 여주지원 2012.12.07 2012고단875

폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 28, 2012, around 01:10 on April 28, 2012, the Defendant: (a) reported the victim D (n, 31 years of age) who walked on the way while the housing located in the vicinity of the B-house in Leecheon-si, Gyeonggi-do was getting on and getting off the C-rodice car from the alleyway; (b) provided the victim who was under driving the said car with the desire to “YYA”, and (c) followed the victim by taking 2,3 times the victim’s coke string, leading the victim to 2,3 times the victim’s thring, and thring the victim’s resistance, she saw the victim into the bottom, and assaulted the victim by gathering the string string of the victim who was cut off on the bottom.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of CCTV-related Acts and subordinate statutes to CCTV victims, on-site photographs, and CCTV closures;

1. The grounds for sentencing under Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act for criminal facts are the factors for sentencing favorable to the defendant, such as the following: (a) the defendant is against the instant crime; (b) the victim’s resistance and the exercise of tangible power does not cause physical harm to the victim; and (c) the defendant raises three children who have born through re-issuance; and (d) there is no person to pay child support

However, the defendant asserts that he was aware that he had taken the victim several times to the drinking house employee, but he did not know the name of his employee, and recognized that he did not have any kind of friendship relationship to the extent that he did not do so, thereby recognizing the defendant's defense.

Even if a woman walking the alley of a new wall is unable to understand the crime of this case against the woman walkinging a new wall, and the victim who walked the alleyway in order to go at the friend house of the new wall one hour at the friend, was found to have driven by the defendant to the extent that the vehicle of this case was faced with driving by the defendant and 112 report, and it is recognized that the defendant was able to have driven by the victim for a considerable time so that the friend of the victim's code is cut down.