(영문) 창원지방법원 진주지원 2016.11.23 2016고정173

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 진주지원 2016.11.23 2016고정173

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

At around 10:50 on November 15, 2015, the Defendant was unable to enter the parking lot for the EK7 car driven by the Defendant on the ground that the victim D (the age of 60) who is the parking manager in the Cbuilding underground parking lot in Jinju city was full-time, and was in dispute, and the victim was spited with the body of the victim by pushing the body of the victim with the open windows, spits the body of the body of the victim, and booms the victim toward the victim, and booms the victim by driving the vehicle as if the victim would receive a car by car, going off in front of the victim, and booms the victim's clothes while getting off the vehicle continuously, and assaults the victim's breast part, etc.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to investigation reports (CCTV copies attached thereto, etc.);

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 argument that the Defendant did not commit any assault against the victim as stated in the facts constituting the crime in the judgment, and rather, the victim was assaulted by the victim, and the victim was tried to escape from the scene and tried to prevent the victim from escaping from the scene, and then, the victim's clothes was taken off at the vehicle to prevent the victim from departing from the scene. The Defendant's act is a legitimate act permissible under the social norms, and thus, it should not be convicted of the Defendant.

2. It is unreasonable to acknowledge the facts constituting the crime in the judgment on the following grounds: (a) there is consistency in the statements made by D in the investigative agency of D, the victim, as a witness at this court; and (b) the evidence duly admitted in this case and duly admitted and taken into account; and (c) there is no reason to acknowledge the credibility of the above D’s statements.

And social norms.

참조조문

유사 판례

-대구지방법원 김천지원 2014.06.17 2014고정82

-대구지방법원 의성지원 2017.04.27 2016고단257 (1)

-인천지방법원 2014.07.09 2014고단26

-부산지방법원 서부지원 2020.06.19 2018고단1976 (1)

-수원지방법원 2015.07.09 2014노6191