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(영문) 수원지방법원 2017.04.20 2016고정2762

폭행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle.

On April 8, 2016, the Defendant: (a) the Defendant had pet dog and scisfin in the street B 211 east-gu, Chungcheongnam-gu, Ginna-si on 11:55 on April 8, 2016; (b) the Victim C (V, 54 years old); and (c) the Defendant had sc

"A person who, on the ground that he pointed out, has expressed his own desire to bring the victim at the same time, and was in possession of the victim.

Hand taken a video with a cellphone, and the defendant's hand used the handphone used by the victim in his hand, and assaulted the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. The defendant asserts that the video CD reproduction result (the above video CD is illegally collected evidence and the editing possibility is inadmissible.

However, the above video is not a wiretapping prohibited by the Communications Secret Protection Act, but it is recognized that C, a private person, has taken the defendant by using his handphone, and it does not correspond to a wiretapping prohibited by the Communications Secret Protection Act, and it does not constitute an illegally collected evidence, and C, a private person, has taken it.

In addition, there was a compilation or an artificial adaptation of the video in light of the content of the recording, etc.

There are no circumstances to see.

Ultimately, since the admissibility of the above video CDs is recognized, the defendant's above assertion is rejected.

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;