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(영문) 서울중앙지방법원 2020.12.02 2019고정2106

폭행

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Criminal facts

Around 03:35 on April 18, 2019, the Defendant revised the part of the facts charged to “A intending to keep a female-friendly woman-friendly woman-friendly woman-friendly woman-friendly woman-friendly woman-friendly woman-friendly woman-friendly woman-friendly woman-friendly woman-related woman-related woman-related woman(s) and the reason for the wraping, etc., while drinking together with the victim D(s) and the victim E(s) in Dongjak-gu Seoul Metropolitan Government E(s). However, the Defendant attempted to put the victim on his/her hand, while intending to put him/her on his/her table, and attempted to put the victim on his/her hand, and recognized the facts charged.”

The victims assaulted the victims by accessing the clothes of the victim D, face and clothes of the victim E, etc.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Each police statement made to D and E;

1. Report on internal investigation (the result of CCTV analysis at the site of the accident);

1. Application of CCTV video CDs-related Acts and subordinate statutes;

1. Articles 40 and 50 of the Criminal Act of the same Article as the ordinary concurrent crimes provided for in Article 260 (1) of the Criminal Act;

1. Selection of an alternative fine for punishment;

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

1. 가납명령 형사소송법 제334조 제1항 피고인의 주장에 대한 판단 피고인은 우동 그릇을 피해자들을 향하여 던지려고 한 것이 아니라 화가 난 감정을 표현하기 위하여 바닥에 내팽개치려고 한 것이고, 그 과정에서 의도하지 않게 우동 그릇에 담긴 면발과 국물이 피해자들에게 튄 것일 뿐이라고 주장한다.

The following circumstances acknowledged by the evidence adopted by this court and examined by this court, namely, the defendant, while suffering from a dispute with the victim D, was frightened with his head, and was frightened with his head. During this process, the defendant was frighting back to the face, clothes, etc. of the victims who were frightened with his head, and the defendant was frighting to the face, clothes, etc. of the victim who was frightened with his head. The defendant was frighten in the process of frighting the frighter into his head and frighting.