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(영문) 수원지방법원 2020.05.08 2019고정1792
폭행
Text

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

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

Reasons

Punishment of the crime

On July 28, 2018, the defendant, at the entrance of the defendant's residence in the B apartment C, was pending in a divorce lawsuit between the victim D (Inn, 37 years of age) who is his spouse, and the victim was investigated by larceny, and the victim's appraisal of the victim is not good, while the victim was requested to change the height of the vehicle, the victim's shoulder was pushed one time and the right side of the victim's right side was faced with the line.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. Medical certificate and photograph [Judgment on the argument of the defendant and his/her defense counsel]

1. The summary of the argument is that the Defendant did not have a strong shoulder by the victim’s hand at the time and place as stated in the facts charged. At the time, the Defendant sent a door where the Defendant was faced with, and went back to, the body of the Defendant to prevent him from going to work.

2. The following circumstances revealed by the evidence adopted by the court of this case, i.e., (i) the victim made a relatively concrete and consistent statement from the investigative agency to the time of this court and the defendant's act (the defendant's defense counsel filed a complaint after the elapse of nine months from the date of this case; and (ii) the victim's statement in the investigative agency is inconsistent with the first instance trial procedure and the complaint; and (iii) the victim's statement in the investigative agency is not consistent with the victim's statement. Thus, it is difficult to trust each of the above statements of the victim. However, the victim's defense attorney at the divorce lawsuit (the first instance court) around November 2018 between the victim and the defendant, accompanied by the evidence statement stating that the victim's legal representative suffered a necessary injury for two-day medical treatment due to the crime of this case (the above evidence statement stating that the victim suffered a necessary injury).

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