(영문) 청주지방법원 영동지원 2019.01.31 2018고정31

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(영문) 청주지방법원 영동지원 2019.01.31 2018고정31

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 left a farming house in the vicinity of dry field owned by the Victim B (YY, 57 years old) and was not good for the boundary between the Defendant and the Plaintiff on land.

On May 13, 2018, at around 09:50 on May 13, 2018, the Defendant used approximately 20 meters of the body of the victim in the field adjacent to the house of the victim in the Chungcheong-dong C, Chungcheongnam-do, and used a stone of approximately 20 meters of the body of the victim in the field adjacent to the house of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness B’s statutory statement;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

3. Determination of the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The main points of the claim are the fact that the defendant 2 cm away from the opening of the dog at the time.

However, the defendant did not exercise the force against the victim, and there was no intention of assault.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is reasonable to view that the Defendant, at least, committed an assault with dolusora with the intent to do so, and committed an assault against the victim as he was in the vicinity of the victim.

The defendant and defense counsel are not accepted.

① The victim stated in the investigative agency and this court that “A prior to the occurrence of the instant case, the Defendant was far away from his 10 meters away from the Defendant himself, and was aware of his existence and location because he changed his her son. Although the Defendant was unable to directly see the appearance, the Defendant was able to see that he was able to see a sound that was immediately lower than 1m away on the side floor, and thus, he was aware of the fact that the Defendant was able to see.”

(2) The victim shall be from the investigative agency to the court, and shall make the statement and act of the defendant before committing the instant crime.

참조조문

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