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(영문) 수원지방법원 성남지원 2017.06.14 2016고정1378
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in real estate leasing business.

On March 3, 2016, the Defendant, who was driving his own vehicle to the Victim C (59 S, South) who is a representative engineer, committed assault on two occasions at the left part of the horse with the payment of additional charges due to the following: (a) on March 3, 2016, the Defendant 170 west-ro, west-ro, Sungnam-si, Sungnam-si, and on the middle at the time of the front of the original officetel; and (b) on February 3, 2016, the Defendant assaulted the Defendant, who was going to the front part of the horse.

Summary of Evidence

1. The legal statement of the witness C;

1. The investigation report (the sequence 4 in the list of evidence);

1. 112 Reporting case handling table;

1. Application of CD-related Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. The defendant has no record of assaulting the victim.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court, the Defendant was the victim.

It is reasonable to view it.

Therefore, the above argument is not accepted.

The victim, who is a substitute driver, has made a detailed and detailed statement about the details of the first 112 report and the details of the violence, such as a place corresponding to this law from the investigative agency to this law, consistency in the statement, and the explanation of the situation is reasonable in light of the empirical rule.

Examining the defendant's vehicle black image, the issue of proxy driving fee is that the defendant's daily driving and the victim is visible and the victim is increasing, and the defendant has continuously requested the victim to stop the vehicle. However, even though the victim has a problem of charges, the victim is driving the vehicle by a nearby police box and does not stop the vehicle.

The defendant who has been seated in the chief commissioner shall be the victim.

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