logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.02.14 2018고정1600
폭행치상
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 18:30 on April 15, 2018, the Defendant: (a) got the victim D (nick, 38 years of age) and the horse fighting in front of the Suwon-si B due to traffic accidents; (b) while the Defendant was making a horse fighting on the street in front of the Suwon-si B, the Defendant suffered injury, such as damage to the crocity of the victim, which requires approximately two weeks of medical treatment, on the ground that the victim demanded the victim's speech and scam with his/her mobile phone, and caused his/her scam on the face of the victim.

Summary of Evidence

1. Legal statement of witness D;

1. A written diagnosis of injury to a victim;

1. Application of CD’s film-related statutes;

1. Relevant provisions of the Criminal Act and Articles 262 and 260 (1) of the Criminal Act concerning the choice of punishment;

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

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

1. The assertion;

A. The Defendant only saw the victim’s cell phone hand on his cell phone, and did not keep the victim’s cell phone in mind.

B. The Defendant’s act constitutes a legitimate act or self-defense, which is a passive defense to prevent the victim’s unlawful infringement of portrait rights.

2. Determination

A. In full view of the witness D’s legal statement and CD’s video image, the fact that the Defendant was faced with the victim’s face by pushing off D’s mobile phone by hand.

Defendant

A witness E made a statement that the Defendant only prevented D’s mobile phone calls, but at the time, E could not be clearly seen as having contacted the location of E from the second file of the CD’s images. Thus, it is not believed that E did not have any contact.

B. D asserts that the Defendant had taken a bath to himself, and the images of CD do not contain a recording of the Defendant’s abusiveure prior to the moment of assault.

D Taking the defendant without the consent of the defendant solely on the ground that the defendant was in Si/Gun/Gu.

arrow