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(영문) 춘천지방법원 원주지원 2017.02.14 2016고정397
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On September 15:50 on September 15, 2016, the Defendant: (a) while driving a vehicle under one’s name at the street in front of the parking site of “D Hospital” located in C, the Defendant: (b) went off from the vehicle due to the victim F (33 tax) that the front vehicle was parked and stopped due to the left side of the vehicle; (c) committed assault on the part of the victim at one time on the left side of the victim’s hand.

(A) The Defendant asserts that, while the victim was able to take a warning at a one-time vehicle of the victim, his hand was worn out in the face of the victim and did not assault the victim, such as the above facts constituting a crime, in the process that the victim was able to take a bath and feel a threat of defect in the vehicle, and prevents him from leaving the vehicle in the vehicle, he was able to do so.

However, the following circumstances acknowledged by the evidence below, i.e., ① the victim was at the investigative agency and the court of this law, “the Defendant’s vehicle continued to stop on one occasion while leaving the vehicle, and at the same time the Defendant was at the vehicle of his own.”

In light of the following: “The Defendant made the statement,” the content of which is detailed and consistent, and the Defendant’s reliance on the victim’s face; ② if the Defendant intended to prevent the victim from getting off the vehicle, the entrance of the vehicle would be cut off by hand or by body; thus, it is difficult to obtain the Defendant’s assertion that the Defendant’s hand contacted the victim’s face; ③ at the time of the instant case, the Defendant moved to the victim’s vehicle; and accordingly, there was a sufficient motive to assault the victim, such as the crime, there was a fact that the Defendant assaulted the victim.

The decision is judged.

Therefore, this part of the claim is not accepted) summary of the evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes to each case photograph

1. Criminal facts;

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