(영문) 수원지방법원 평택지원 2014.03.06 2013고정704

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2014.03.06 2013고정704

폭행

Text

A defendant shall be punished by a fine of 400,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, around 10:00 on March 1, 2013, 30: (a) around 10:00, at the Eju station operated by Pyeongtaek-si Victim D (38, South) on the ground that the Defendant, a customer, was deprived of the victim, 3 times as her head on the ground that the victim was deprived of the victim; and (b) again, when the victim was her head on one occasion by drinking.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D police statement;

1. Application of CCTV Acts and subordinate statutes;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant and his defense counsel asserted that although the defendant was at the time of the victim and had the head of the victim, there was no fact when the victim's chests or necks were involved, and the defendant did not have the intention of assault.

2. According to the evidence of the judgment, the fact that the defendant received the victim's chest due to his head, and the defendant committed the victim's neck by her hand.

In addition, violence in the crime of violence refers to the exercise of tangible force against a person's body, and if it is of a nature that may cause physiological pain or displeasure in its nature, it is sufficient to do so. According to the evidence of the judgment, it is recognized that the victim first seems to have shown his attitude to see the defendant's hand, but it is recognized that the defendant continued to injure the victim by his head, and that the defendant's behavior constitutes violence because it is likely to cause disasure to the victim, and that the defendant's behavior constitutes violence.

Since the defendant was aware of the above act and committed such act, it is deemed that the defendant had the intention of assault.

The reason for sentencing is that the defendant agrees with the victim or is pardoned.

참조조문

유사 판례

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