(영문) 서울동부지방법원 2020.06.23 2019고정1048

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(영문) 서울동부지방법원 2020.06.23 2019고정1048

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 is the husband of the victim B (here, 29 years of age).

On January 12, 2019, the Defendant assaulted the victim, such as the victim’s her neck while taking the victim’s neck with his her son and pushing the victim with his her son in a dispute with the victim on the ground that his her son, who was able to take the victim’s neck at his her son in the Seoul building and the Defendant’s residence in Seongdong-gu Seoul building and the Defendant’s Da, and the victim’s 4 to 5 times the son’s arms were taken by drinking.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness B and E;

1. Application of stenographic records (F) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the victim took the defendant's hand and scam scambling the defendant's hand, thereby scaming the victim's hand, and there is no assault such as the statement of facts constituting a crime.

2. However, the judgment of this court is based on the evidence duly adopted and investigated by this court, namely, the victim made a relatively consistent statement from the investigative agency to this court that "the defendant faced with head from the wall because the defendant she got her neck, was pushed down at 4-5 times after drinking," and the first day of the public announcement of the child care center was the day of the child care center, the victim was the first day of the victim, and the victim was her head, and the defendant made the above assault during the dispute between the defendant and the victim, and made a relatively concrete and detailed statement about the situation before and after the defendant's statement. First, the victim's statement at the time was made that "I stroke and stroke," and the victim's statement that "I stroke" was "I stroke," and argued by the victim as to the situation at time.

참조조문

유사 판례

-창원지방법원 2015.09.16 2015노499

-인천지방법원 2019.03.22 2018고단8503

-서울남부지방법원 2018.02.01 2017노346

-대전지방법원 2018.07.17 2017고단2989

-청주지방법원 2016.02.02 2015고정845