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(영문) 서울서부지방법원 2016.10.17 2016고합209
폭행
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

around 22:40 on April 12, 2016, the Defendant stated the victim F (35 years of age) and his wife to E-si operated by her Defendant at the front of Mapo-gu Seoul Metropolitan Government on the ground that the Defendant stated the victim F (35 years of age) and his wife on the back of the e-si that he would not ask the victim who fack and ice fack to the back of the fack.

After capturing a taxi, the victim's flaps were flicked out of the vehicle, and the part of the victim's flaps was flicked once by drinking.

Accordingly, the defendant committed assault against the victim.

Summary of Evidence

1. (Partial Statement) Statement of the defendant;

1. Each legal statement of witness F, G and H;

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes governing black stuffs and USB;

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

1. Summary of the assertion

A. The Defendant did not have assaulted the victim by drinking once on the part of the victim.

B. At the time, the Defendant had flobbbling the victim at the time and had the victim out of the taxi, but its illegality is excluded by a justifiable act that does not violate the social rules of Article 20 of the Criminal Act.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim made a statement to the effect that the police officer who received the victim’s 112 report from the investigative agency to the date and at the place of the defendant’s decision, brought the victim out of the vehicle, brought the victim out of the road, and received the victim’s 112 report, and immediately after the victim’s arrival, the Defendant made the victim’s part of the victim’s drinking in front of the police officer. The victim’s statement is consistent and natural in the main part, and the victim’s police statement is the victim’s police statement.

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