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(영문) 서울중앙지방법원 2019.04.26 2018고정2852

폭행

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who lives while living in the vicinity of the Seoul Station on his duty.

The defendant and the victim B(the age of 43) are able to do so in the vicinity of the Seoul Station, but they are known to each other.

On May 27, 2018, the Defendant: (a) committed assault against the victim on May 27, 2018, such as opening the victim’s hair, opening the victim’s face, and taking the victim’s face one time by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Results of the CD reproduction and viewing;

1. A photograph by closure of the brue image;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of reported details of violence and spathy);

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and defense counsel under Article 334(1) of the Criminal Procedure Act asserted that he/she did not assault the victim even if he/she was unilaterally abused by the victim.

As a result of the CD reproduction and viewing submitted by the prosecutor, it is recognized that the defendant was under the victim's condition, but the defendant also committed an assault, such as opening the victim's head, as stated in the facts charged.

In addition, considering the circumstances of the instant case where the Defendant and the victim were subjected to serious assault from the victim during the process of both assault, even though the Defendant and the victim were unable to punish each other on May 26, 2018 in the Seoul Station for the same reasons as the instant case, and even if the police station failed to punish each other, the Defendant brought a lot of back to the victim again following the following day, it is difficult to view that the Defendant was subjected to serious assault from the victim in the course of both assault.

The defendant and defense counsel are asserted.