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(영문) 의정부지방법원 2018.06.14 2017고정1880
특수폭행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 13, 2017, the Defendant: (a) was at the third floor parking lot of “C Mt Mt Mt Mt Mt.” located in “C Mt Mt.” located in “C Mt.,” located in “C Mt.,” and was at the time of a dispute with the victim D(44 years of age, leisure) and, (b) the Defendant was unable to have any defect in getting out of E, one of its own vehicles, in order to leave the site.

Therefore, the defendant, even though he knows that he opens a vehicle's seat and is in operation, he had the victim move the vehicle, which is a dangerous object, in front and rear two times in front and rear, and assaulted the victim by carrying dangerous objects.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. On-site photographs, on-site photographs, and parts of the injury, diagnostic reports, diagnostic reports, investigation reports (on-site reports), ctv video storages;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and 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. The judgment on the issue of the main sentence of Article 186(1) of the Criminal Procedure Act regarding the burden of litigation costs is that the defendant and his defense counsel did not intend to assault the victim on the ground that the damaged person was merely going beyond the direction of his/her vehicle to put his/her door in the course of departure from the vehicle.

The argument is asserted.

In other words, the victim tried to divide the conversation with the Defendant at the time of the instant case by taking account of the following circumstances, which were duly adopted and examined by this court, i.e., the victim from the investigative agency to the time of this court.

In order for the defendant to leave the vehicle, there is a defect in opening a door to prevent the defendant from leaving the vehicle and continuously communicating between the driver's seat and the vehicle.

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