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(영문) 서울남부지방법원 2018.08.28 2018고정474
폭행
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is the Chairperson of the facts charged, and the Victim C (46) is the employee of the above Association.

On May 23, 2017, at around 11:50, the Defendant: (a) committed a dispute with the victim who was living in the front of Gangseo-gu Seoul Metropolitan Government D on the road; (b) caused the victim to have his or her mobile phone recorded the dispute; and (c) assaulted the victim by putting his or her hand his or her hand in order to cut off his or her cell phone to the victim who gets out of his or her mobile phone.

2. Determination

A. In the crime of assault under Article 260 of the Criminal Act, the assault refers to the exercise of an unlawful tangible force against a person’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence and degree of the suffering inflicted on the victim, etc.

Supreme Court Decision 2009Do6800 Decided September 24, 2009

B. In light of the following facts and circumstances acknowledged by the evidence adopted and examined by the court, the evidence alone submitted by the prosecutor by the defendant to the extent that the victim’s hand son at the date and place indicated in the facts charged (hereinafter “offender”) was set up, thereby exercising an illegal tangible force against the complainant to the extent that it constitutes assault in the crime of assault.

It is difficult to readily conclude, and there is no other evidence to acknowledge this.

1) The complainant stated in an investigative agency and this court to the effect that it conforms to the facts charged.

However, at the complaint site, the complainant "The defendant gets kn's kn's kn's kn's kn's kn's kn's kn's kn'

휴대전화까지 놓칠 정도로 손목을 비틀어 전치 2 주의 상해가 나서 한동안 깁스를 하고 다녀야 했고 물리치료를 병행해 치료를 받아야 했다“ 는 취지로 진술하였으나, 경찰에서는 ” 피고인이 왼손으로 고소인의 오른 팔목을 잡고 꽉 쥐고 오른손으로 고소인의 왼손에 쥔 휴대폰을 빼앗으려고 하였다“ 는 취지로 진술하였으며, 다시 이...

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