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(영문) 인천지방법원 부천지원 2016.09.23 2016고정869
폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant was sub-leaseed to the victim D (25 years) by Kimpo-si apartment C, 210 Dong 2604.

On May 6, 2016, the Defendant: (a) knew that on May 6, 2016, at Kimpo-si, Kimpo-si, and around 210 2604, the Defendant habitually abused the Defendant from ordinary citizens, exchanged female G and H Mes with the Defendant living together, and recommended G to take legal countermeasures; (b) the Defendant informed the victim who reported speaking in toilets, to whom he reported his speaking in toilets, “this verg, dead, and discarded.”

The door opened "," and the toilet door was closely sealed, and the door was assaulted by the victim's head.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. A criminal investigation report (Submission of text messages) and a criminal investigation report (a detailed statement of 112 reported processing of a case);

1. On-site photographs (the defendant's person was aware that he/she used the toilet without knowing that the victim is in the toilet, and the defendant did not have the intention of assault against him/her;

The argument is asserted.

However, according to the evidence duly adopted and examined, the defendant sent a bath to the victim and H before opening the toilet door, and the defendant did not frequently use the toilet of this case, and the defendant opened a toilet door before opening the toilet door and confirmed that the victim was seated. The structure of the toilet in which the case occurred can be recognized as narrow to the extent that the doors may face, and the defendant was well aware of it. Nevertheless, the defendant opened the toilet door to the victim's head, and caused the defendant to go against it (the defendant's domestic affairs).

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