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(영문) 수원지방법원 2021.03.04 2020고정347
폭행
Text

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

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

Reasons

Punishment of the crime

At around 07:00 on November 26, 2019, the Defendant assaulted the victim C (43 years) who attended as a witness to be an election of a representative officer in the apartment management office of Osan-si, 07:00, in order to conduct an election of a representative officer in the same complex, he considered the victim as many people. One hand leads the victim's parts to an out-of-the-counter corridor in the polling station, and led the victim to the breath of the breath, and breath of the breath of the breath at that place.

Summary of Evidence

1. Legal statements of C and D;

1. Mobile phone photographic data and video CDs (as indicated in the judgment, the Defendant, as indicated in the judgment, did not have any fact that the victim was exposed to the victim and led him to the outside of the polling station, and even if he had any physical contact between the Defendant and the victim;

Even if it cannot be seen as an exercise of force leading to a "mbrut" under the Criminal Act, and it is not illegal as an act contrary to social norms. However, according to the evidence duly adopted and investigated by this court, such as video and witness D's testimony, etc. taken at the time of the crime of this case, it is sufficiently recognized that the defendant in the voting place makes the victim sound within the voting place, attracts the victim from the voting place to the outside of the voting place, and takes the breath, etc., and it is obvious that the defendant's act constitutes a "mbrut" under the Criminal Act as an unlawful exercise of force against human body, and in light of the course, method, part and degree of violence, etc., it cannot be viewed as a justifiable act that does not go against social norms, and thus, the defendant's assertion is rejected.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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