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(영문) 인천지방법원 2021.02.18 2020고정985
폭행
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On November 19, 2019, around 09:45, the Defendant committed assault against the victim on the ground that the victim D (V, 22 years old) was parked in a double parking lot in Yeonsu-gu Incheon Building C, Yeonsu-gu, Incheon, Incheon, on the ground that the victim D was not dead.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police on D of each legal statement of witness D and E;

1. Application of Acts and subordinate statutes to each photograph (No. 4,5,24 No. 55);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument does not include the Defendant, as stated in the victim’s abusive language, or as stated in the victim’s hand floor towards the victim.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the fact that the Defendant committed assault by citing the victim as stated in its reasoning can be sufficiently recognized.

Therefore, it is difficult to accept the defendant's above assertion.

A. The victim consistently stated the following from the investigative agency to this court:

1) The victim is trying to sit in the driver’s seat and cut off the vehicle, and the defendant took his/her face with his/her hand while taking a bath (Evidence Nos. 24, 25, and a record of the witness examination 2, 3, 6 pages). 2) The contents of the victim’s statement are specific, consistent, and natural, as well as may be reliable in light of the victim’s legal statement attitude, circumstance, etc.

(b) the contents of the witness E’s statement also conform to the victim’s statements.

1) E takes hand as the Defendant would have faced with the victim in this Court.

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