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(영문) 서울남부지방법원 2020.06.12 2020고정96
폭행등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On May 20, 2019, at around 07:05, the Defendant: (a) stopped the vehicle in front of C in Gangseo-gu Seoul Metropolitan Government with a view to vision; (b) stopped the vehicle to the driver’s seat while driving the vehicle; and (c) obstructed the victim’s face by putting the hand into the driver’s seat window while driving the dispute; and (d) damaged the market value, which is the victim’s ownership, at the same time.

Summary of Evidence

1. Legal statement of witness D;

1. Receipts:

1. On-site photographs, black picture CDs [the defendant and his defense counsel] claim that the victim's shoulder part was fluored, and that there was no fluorial fluor. However, the witness D specifically states in this court the developments leading up to the assault, methods of assault, the defendant's words at the time of the assault, the circumstances after the assault was committed. According to the black picture CD, the victim's voice reported in 112 "if the victim's voice was confirmed, the victim's face, the upper part of the victim's face, and the damaged inside and after the assault was committed, supporting the victim's statement. In full view of this, it can be sufficiently recognized that the victim's secret fluort fluor, such as the facts recorded in the facts charged in the judgment of the defendant, can be accepted. Therefore, the defendant and the defense counsel's above assertion is not applicable to the law].

1. Article 260 (1) and Article 366 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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