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(영문) 서울남부지방법원 2020.12.11 2020고단4435

폭행등

Text

A defendant shall be punished by imprisonment for four 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

1. Around 14:00 on June 30, 2020, the Defendant: (a) committed assault and spitation against the victim C (the South 49-year-old) in Yangcheon-gu Seoul Metropolitan Government, on the ground that the victim C (the South 49-year-old) was not hospitalized in the second floor of D Hospital and the treatment room; and (b) committed spitation against the victim on the ground that he was not hospitalized.

2. In a case where there are a large number of patients who visited the above hospital at the time and time as referred to in Paragraph 1 of this Article, and the 2nd floor of the above D Hospital and the outer corridor of the above D Hospital, the Defendant publicly insultingd the victim by citing the victim as follows: “I wish to kill the hospital, whether or not there is a hospital, rings, and singkes,” and again, accused him as a crime of insult in the clinic, “in the clinic,” and she publicly insulting him.

Summary of Evidence

1. Each legal statement of witness C, E, and F;

1. A complaint;

1. Damage photographs, field photographs, and CDs (the defendant and his/her defense counsel are the fact that the victim had a medical certificate used by the victim as his/her hand by refusing hospitalized treatment and treatment without any justifiable reason, but there is no fact that the victim was spiting the victim, spiting the victim with a medical certificate, or spiting the victim, or spiting the victim with a large amount of spiting. However, in this court, the victim made a very concrete statement before and after the victim suffered the same damage as stated in the facts charged, and the statement made by E/F is inconsistent with the victim's statement. Furthermore, according to the recording file, the victim's statement made by E/F was recorded at the time. According to the recording file, it is clearly confirmed that the voice of the victim, spiting the victim, spiting the victim's body, and spiting the victim's body. Accordingly, the above argument by the defendant and his/her defense counsel can not be accepted.)

1. Relevant Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult) and Article 260(1) of the Criminal Act shall apply to the crime;