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(영문) 수원지방법원 안산지원 2017.06.13 2016고정1711
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

Defendant

The victims C(67) are those who reside in the D Building in Si interest-si respectively.

On June 9, 2016, around the first floor of the above D building, the Defendant: (a) discovered a victim who parked a vehicle in a designated parking zone of the victim immediately before the previous victim; and (b) made the victim walked on the phone to move the vehicle to another person; (c) assaulted the victim by taking the body of the victim against the wall at the time of the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness C and E;

1. The defendant and his defense counsel asserts that the victim did not assault the victim;

However, in full view of the following circumstances revealed by the evidence adopted and examined by the court, the instant facts charged can be fully acknowledged.

(1) A victim has consistently stated at an investigative agency to the extent of damage under this Act, instead of other evidence, and has credibility in line with the statements and photographs of police officers.

The defense counsel asserts that the victim made a statement differently from the victim's appearance or chest. However, the victim stated in this court that the part close to the chest of the victim's vessel was "this part" by specifying in this court the part close to the chest.

The testimony was made by the defense counsel, and it is difficult to say that the statement of the victim is not reliable due to the reasons pointed out by the defense counsel.

(2) The victim suffered from the assault by the defendant that he/she sustained an injury up to the elbow joints.

The existence of the above mentioned body can be confirmed by the photograph taken by the police, and it seems that the body has not been much long since it occurred.

③ The Defendant, on the contrary, argued that he was assaulted by the victim, and that he did not assault the victim. However, police officers E at the scene immediately after the instant crime was committed in this court, “The Defendant had interested at the time.”

The defendant is the defendant, who takes a bath for the victim and leads him to the victim.

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