(영문) 서울중앙지방법원 2020.09.17 2020고단4085

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(영문) 서울중앙지방법원 2020.09.17 2020고단4085

폭행

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

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

Reasons

Punishment of the crime

Around 02:00 on March 7, 2020, the Defendant committed assault to the Defendant, on the ground that the Victim C (the 40 years of age, female) was getting on and off the alleyway in front of Gangnam-gu Seoul, Seoul, and on the ground that “the Defendant was “the kis damage to the Defendant at home”, on the ground that he saw the victim’s breath, was sphered, shake the right buck.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police protocol of suspect suspect D and protocol of statement of the accused against C;

1. C and E’s report on internal investigation, each report on investigation, and its accompanying materials [the Defendant only recognized the fact that he saw the victim’s flab, but according to the above evidence, including the victim’s statement and photographs, it is recognized that the Defendant flabing the victim’s flab, and committed violence against the victim’s right blabing. The Defendant asserted that he flabing the victim’s body was without the victim’s body, and that the victim’s blabing was the victim’s body. Thus, according to the above evidence, the victim’s blabing from the beginning cannot be deemed as having been sufficiently reliable. However, according to the above evidence, the victim’s blabing statement that the victim was the victim’s body,

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) committed an assault against the victim on the ground that the Defendant was dead, is disadvantageous to the Defendant, or the Defendant has yet to be young or has no particular criminal record.

It is so decided as per Disposition for the same reasons above.

참조조문

유사 판례

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