(영문) 서울북부지방법원 2019.05.09 2018고정1538

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(영문) 서울북부지방법원 2019.05.09 2018고정1538

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

Criminal facts

On July 20, 2018, at the front of Dongdaemun-gu Seoul Metropolitan Government B building, the Defendant taken the Defendant using a cell phone with the complaint that the victim C does not perform the business of the partnership with respect to the redevelopment partnership in which the Defendant is in charge of the president of the partnership, and is acting as a real estate intermediary, and the Defendant got off the victim’s chest part once by hand and the victim’s chest part was faced with the victim’s chest part twice by the right shoulder.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. C’s legal statement;

1. CCTV video data [In light of the above evidence, the circumstance is acknowledged that the defendant, at the time of having a licensed real estate agent office D, had the victim go against the defendant while leading the defendant outside of the D real estate agent office, and tried to take the defendant's cell phone with the victim's cell phone outside the office. However, the following facts are acknowledged: the defendant, at the same time, she was faced with the victim's breast part by the victim, and the victim was pushed down with the victim's breast part by his/her mutual speech at a distance from the victim even after she was pushed down with the victim's breast part, and the victim's chest part was sufficiently pushed down on two occasions. Considering the circumstances leading up to the above crime, degree of the defendant's assault, etc., the defendant's act constitutes a crime of assault as an exercise of force against the body of the victim, and further, it cannot be deemed that the act of defense or acts that can be accepted by social norms beyond the victim's unilateral attack cannot be applied to the law].

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

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