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(영문) 서울북부지방법원 2015.07.30 2014고정2762
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

Punishment of the crime

On February 28, 2014, at around 20:00, the Defendant assaulted the victim, who was the vice president of the above management office, on the issue of performance remuneration, the victim F (V, the vice president of the above management office), and on the issue of performance remuneration. On February 28, 2014, the Defendant used the victim’s arms to return home as it is after photographing the skin management machine with a cellular phone, and then used the victim’s arms to return home as it is.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Determination as to the Defendant and the defense counsel’s assertion of the injury diagnosis certificate and photograph [Evidence No. 43 of the Evidence Record]

1. The summary of the argument and the defense counsel asserted that ① there was no assault against the victim as stated in the judgment of the defendant, and ② even if the defendant had a physical contact in the process of demanding the victim to take photographs, the defendant did not have an intention of assault, or constitutes self-defense or legitimate act.

2. Determination

A. In full view of the evidence duly examined and adopted by this Court, the following circumstances are recognized.

① In this court, the victim stated that the Defendant carried the victim’s left arms and carried them down, and the investigative agency also made a statement to the same effect.

Although there seems to be some exaggerations to the statements made by an investigative agency, in light of the fact that the part that the defendant was sealed to the victim's left arms continues to be consistent, the victim's statement has credibility.

② Witness G also made a statement that the Defendant had sold the victim, and in light of the content of the statement and the degree of attitude of the statement, etc., the above statement has credibility, and it is difficult to reject the credibility solely on the circumstances cited by the Defendant and his/her defense counsel.

③ According to the photographs taken on March 1, 2014, the day following the instant case, the victim observed that he/she has a red hole on the upper part of the victim’s left upper part of the victim’s trade, and the victim is shouldered and her arms on March 3, 2014.

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