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(영문) 청주지방법원 충주지원 2019.06.05 2017고정95

폭행등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

A. On August 9, 2016, the Defendant discovered the victim D (at the age of 57) in the vicinity of the Mamaria in the Mamaria located in the voice group B located in Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant assaulted the victim, such as the victim’s her husband and her husband, who is suspected of having incompetence relationship with her husband, assaulted the victim with her husband, who is the victim’s left side her husband, and who was her wheel with her husband and her arms.

나. 명예훼손 피고인은 위 가항 기재 일시ㆍ장소에서 주변에 있던 E(남, 49세), F 등 성당 신도들이 있는 가운데 피해자 D를 향하여 "내 남편하고 간통을 한 년이다.저 여자가 남편과 바람을 피웠다. 자기 남편을 꼬셨다."라고 소리침으로 공연히 허위사실을 적시하여 피해자의 명예를 훼손하였다.

Summary of Evidence

1. Entry of the accused in the first and third trial records; and

1. Statements made by witnesses D and F in the second trial records;

1. Statement made by witnesses E in the third protocol of the trial;

1. Statements made by witnesses G in the fifth trial records;

1. Statement by the prosecution concerning D;

1. Each police statement made to D and E;

1. Determination on D’s assertion of the Defendant and his defense counsel

1. The defendant and his defense counsel asserted that the defendant did not assault the victim.

However, according to evidence duly adopted and examined by this court, the victim has consistently stated from the investigative agency to the court about the situation before and after the occurrence of the case, the specific form of the assault committed by the defendant, and the circumstances suffered by the assault by the defendant.

E Also, the investigative agency consistently made a statement with the principal statement of the victim regarding the assault against the victim by the victim to this court.

In addition, in light of the statements made by F and G in this court, the fact that the defendant has assaulted the victim as stated in the facts constituting the crime of assault in the judgment of the defendant can be recognized.

2. The defendant is D.