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(영문) 인천지방법원 2016.08.08 2016고단2195

폭행

Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On November 1, 2015, at around 08:35, the Defendant: (a) brought the victim D (hereinafter, 27 years of age) who was dedicated to the day in front of the Nam-gu Incheon Metropolitan City, Seoul, to the front line of the Defendant’s vehicle and operated the telecom, and (b) brought the victim away from the vehicle on the ground that the victim did not want to go to the telecom, and assaulted both arms of the victim.

Summary of Evidence

1. Partial statement of the defendant (the recognition of the string of the victim's grandchildren) by the court;

1. A witness D's legal statement [1) The defendant is willing to drive his/her motor vehicle toward the telecom without the victim's consent by driving the motor vehicle in an investigative agency and a court;

The defective defendant eventually stopped the vehicle, and ② the defendant was towed by the her string and the arms of the victim, and the victim exceeded the floor to be towed. Nevertheless, the defendant continued to be towed by the victim in the form of the crime of this case, including the fact that the victim was towed by the her hand and the bridge, ③ the intensity of violence and assault, ③ the circumstances after the defendant escaped by cutting the Handphone, and then made a concrete and consistent statement on the criminal facts after the escape, and there is no doubt that the statement is false.

In addition, in light of the circumstances of the string, patterns, robbery, etc. of the victim's arms, the defendant's defense that "the victim was only the victim's act of assault committed in the judgment of the defendant and did not have the victim's own seat." Thus, the defendant's defense that "the defendant's seat on the road led several arms for the purpose of causing the victim by getting out of the form of the victim and causing the victim, but he did not cause the victim as he did not occur, is not easy to understand."

The defendant's act does not constitute a justifiable act prescribed in Article 20 of the Criminal Act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. The Criminal Act to attract a workhouse;