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(영문) 대구지방법원 김천지원 2015.12.09 2015고정497
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

The defendant is a simple relationship with C, and C is a relationship between E and E living together for about 13 months with the victim D(39 years of age).

On April 19, 2015, at around 14:30 on April 19, 2015, the Defendant sought to G gas station in which the victim was working in Kimcheon-si, Kimcheon-si, and had talked about the assault case between C and the victim on the same day, he collected the victim's head on the books of the office, and assaulted the victim by taking the victim's head into account the PE disease on the books of the office.

Summary of Evidence

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. Investigation report (including Chapter 18 of the CCTV photographs attached) / Investigation report (Hearing the statements of the victim)

1. The results of the CD reproduction [the defendant and his defense counsel claimed that at the time of the instant case, the Defendant only laid a PE disease on the floor of CET disease and did not assault the victim since PE disease was not contacted with the victim. The assault in the crime of assault means the exercise of physical force against a human body, and it does not necessarily require any physical contact with the victim, and thus, it does not necessarily require any contact with the victim. Thus, even if the Defendant did not directly contact the victim with his body, it constitutes an unlawful use of force against the victim, even if he did not directly contact the victim (see, e.g., Supreme Court Decisions 89Do1406, Feb. 13, 1990; 200Do5716, Jan. 10, 2003; 200Do5716, Jan. 10, 2003).

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