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(영문) 의정부지방법원 2020.09.17 2020고정43
폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

On October 18, 2019, the injured party B (the age of 28) was driving the C-wing and the driver was a signal for the suspension of the crosswalk in front of the D-ri-ri-ri-ri-ri-si on October 18, 2019, and the defendant, who was in the vicinity of the above crosswalk, seems to have taken the fact of the violation of his signal by mobile phone camera, and went back to the defendant for the purpose of resisting the defendant.

For the foregoing reasons, the Defendant committed several assaults on the part of the victim by keeping the victim’s chest with the Defendant’s shoulder, putting a buck away from the floor with the victim’s bucks.

Summary of Evidence

1. Legal statement of the witness B;

1. Application of each video statute contained in a blackbbox video CD (No. 10)

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was the victim's unilaterally assaulted by the victim, and there was no assault by the victim, such as pushing the victim's chest or marking the victim's bucks.

2. Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and investigated by the court, the Defendant could fully recognize the fact that the Defendant committed an assault against the victim as stated in the instant facts charged.

1. The victim appeared as a witness in this Court and passed the crosswalk on the road by red, etc. because the defendant did not see the defendant's signal going too far towards the road on the crosswalk, and the defendant was marked his/her photograph while taking a bath for the vehicle of the victim, and returned his/her vehicle again to the defendant.

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