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(영문) 대전지방법원 천안지원 2017.12.15 2017고정758
폭행
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant had a conflict between the victim B (the 32 years old) adjacent to his orchard and the passage of the house owned by all the people.

On April 17, 2017, around 11:57, the Defendant driven his c and her own horse in front of the well-being of the said victim, and tried to interfere with the victim’s booming work.

Accordingly, the victim prevented himself from keeping his body in front of the horse, and obstructed the part of the victim's body in front of the horse.

Accordingly, the defendant committed violence against the victim's body.

Summary of Evidence

1. B written self-statements;

1. On-site CCTV images [referring to the use of a tangible force that causes physical or mental pain to a human body, and it does not necessarily require any contact with a victim’s body.

Therefore, even though one does not face the victim's street blocking, repeated act of driving the vehicle early as the victim faces, as well as exercising illegal tangible power against the victim (see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). According to CCTV images, it is recognized that the Defendant driven the light flag with the victim's seat, and when the victim suffers from the body part at the time of the light, it is recognized that the Defendant driven the light flag with the victim's seat, and that the light flag was put in hand by hand.

In light of the aforementioned legal principles, the Defendant’s act of driving a horse toward the victim as above constitutes sufficient violence by exercising illegal force against the victim.

Therefore, the defendant's assertion is not accepted.

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is limited to the victim and the victim.

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