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(영문) 창원지방법원 진주지원 2015.12.16 2015고정382
폭행
Text

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

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

Reasons

Punishment of the crime

On October 17, 2014, at around 09:10 on 09:10, the Defendant assaulted the Defendant’s head by pushing ahead the Defendant’s head with the window with the windowd in the driver’s seat, which was opened during the trial with the victim, on the ground that the Defendant’s hulled rice on the farm road was damaged by the victim D(53 years of age).

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the defendant in the suspect examination protocol against the defendant;

1. Investigation report (with respect to the circumstances leading up to damage to the boomer of a D vehicle);

1. Application of statutes on site photographs;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant asserts that the defendant did not assault the victim and did not have intention to do so, as to the defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act.

However, in the crime of assault under the Criminal Act, if a person exercises a tangible force toward a person's body, it does not necessarily need to contact or contact the person's body, and as such, if there is an intentional intent to exercise a tangible force toward a person's body, it is evaluated that there exists an intentional act of assault. In full view of each evidence in the judgment, the following circumstances, which are acknowledged as follows: ① the Defendant was sealed with the victim who was sitting at the cargo driver's seat by opening the window, i.e., head toward the victim while leaving the window. However, even if the Defendant's head was not in contact with the victim's body, such act constitutes an assault under the Criminal Act even if the Defendant's head was an exercise of a tangible force toward the victim's body, and ② even if the Defendant did not intend to exercise a tangible force toward the victim's body itself, he/she has the intent to exercise a tangible force toward the victim's body.

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