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(영문) 서울동부지방법원 2017.05.19 2017고정86
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

피고인은 2016. 10. 9. 04:20 경 서울 송파구 마천동 113-8 마천 사거리 횡단보도를 건너가던 중 아무런 이유 없이 주먹으로 반대쪽에서 걸어오던 피해자 C( 여, 19세 )를 때릴 듯이 휘두르고, 발로 피해자 D( 여, 20세) 의 왼쪽 다리를 1회 걷어찼다.

Accordingly, the defendant committed violence to the victims respectively.

Summary of Evidence

1. The witness C and D’s legal statement (the Defendant asserted to the effect that he did not have committed any assault against the victims, and rather was assaulted by the victims. However, in light of the following circumstances revealed by the evidence duly adopted and investigated by the court, the fact that the Defendant committed any assault against the victims can be acknowledged due to the victim’s statement. Thus, this part of the Defendant’s assertion is rejected.

(1) The victims consistently asserted the damage from the accident scene to the court, while the Defendant, at the investigation agency, made the aforementioned assertion or statement at the accident scene.

There is no evidence to see, and there is no additional measure such as filing a complaint on the ground that there was an assault from the victims' daily behaviors.

② The victims, who reported to the police immediately at the accident site, did not have any damage to the victims, and rather they unilaterally assault the Defendant, is difficult to easily understand that such report was made.

(3) Only a written opinion and photograph submitted by the defendant was assaulted by the victim.

In addition to the lack of recognition, even if such facts are recognized, the circumstance alone that the defendant did not assault the victims.

shall not be deemed to exist.

(4) The defendant and the victims shall also be the defendant in the direction that the victims take up by crossing the crosswalks.

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