logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.30 2018노2381
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The judgment of the court below which rejected the credibility of the statements made by the victims and witnesses and acquitted them is erroneous in misconception of facts.

2. Determination

A. The summary of the facts charged in this case is that the Defendant is a party member of Jongno-gu Seoul Metropolitan Government as a person in charge of assembly in Jongno-gu C, and the victim E (V, 36 years old) is a person who is not aware of the above place of assembly.

On October 28, 2017, at the entrance of Jongno-gu Seoul Metropolitan Government D on October 15:5, 2017, the Defendant made a speech, such as “G Press H is a fraud change.” The victim tried to take a video recording of the Defendant’s speech with a cell phone in order to make it difficult for the victim to take the victim’s right-hand hand, and to prevent the victim from participating in the above assembly that interfered with passage from holding a meeting. The Defendant committed assault at one time at the victim’s left hand.

B. The lower court found the Defendant not guilty solely on the CCTV images on the ground that it is difficult to believe the victim’s and I’s statements and the CCTV images are insufficient to recognize the facts charged in the instant case. The lower court found the Defendant not guilty on the ground that it is evident that the Defendant did not debris the victim’s handphones depending on CCTV images.

C. Comprehensively taking account of the facts and circumstances below the judgment of this Court, the facts charged in this case are sufficiently recognized to be guilty.

A) According to CCTV images (1:57 to 2:05), the victim takes the image of the defendant as a mobile phone and takes the victim's mobile phone by taking the front part of the defendant's hand, and the victim's cell phone is the hand that the defendant was trying to continuously take photographs, and the victim's left hand over the victim's cell phone.

arrow