(영문) 창원지방법원 마산지원 2020.03.10 2019고정141

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 마산지원 2020.03.10 2019고정141

폭행

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

At around 20:00 on January 22, 2019, the Defendant: (a) expressed the victim D (the age of 31) who is the owner of the business, and the Defendant expressed the victim’s words “the head of the match” as a matter of charge due to the cost of photographation requested by the victim within the “C/C photographic book in Changwon-si, Masan-si, Masan-si, Masan-si, Masan-si, and 4th floor; (b) expressed the victim’s desire to “the head of the match” from the victim on the ground that he she sawed the victim’s face on two occasions due to his finger and flapsed with the victim’s bat and flaps.

Summary of Evidence

1. Legal statement of witness D;

1. Part of the police interrogation protocol of the defendant

1. Statement made to D by the police;

1. Investigation report (in cases of crimes committed by suspects, accompanying video CDs, and the name of transfer);

1. Video recorded in CD (Evidence 44 pages);

1. In an investigation report (the report on confirmation of images at the face of a suspect's assault) [the defendant and his defense counsel asserts that there is no assault against the victim. However, the victim consistently stated in the investigative agency and the court that he had committed the same assault as the crime. The video recorded by the victim is consistent with the victim's statement. The victim made a statement in the video recorded by the victim, such as the victim's humiliation and appearance towards the victim, and the victim's speech, such as rash, rash, hye, and hume, and hume, has been pushed off several times, and is consistent with the victim's statement. The defendant also made a statement at the time of the police investigation, stating, "the victim's hand meets his body." The fact that the defendant's hand meets the victim's body is recognized (the evidence record 19 pages). Accordingly, the defendant's assertion that the defendant and his defense counsel used the victim to commit the crime cannot be accepted.]

1. Relevant Article of the Criminal Act and Article 260(1) of the Criminal Act concerning the selection of criminal facts;

참조조문

-형법 제260조 제1항

유사 판례

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-서울북부지방법원 2018.06.22 2017노2027

-광주지방법원 2015.12.22 2015노1981