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(영문) 서울중앙지방법원 2017.06.22 2016고정3581
특수폭행등
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

around 15:50 on May 29, 2016, the Defendant was in a passenger car of the Defendant while driving a car driven by a victim E (40 years old) while driving the access road to the Olympic Games in Gangnam-gu Seoul, Gangnam-gu, Seoul, and a car and a car in the Defendant’s car during a dispute.

USB charging cases were carried out as a car of the damaged person, and they were faced with the victim F(F, 4 years old) who was in the rear seat of the nivers.

Since then, the victim E (40) who is the father of the above victim F, left the vehicle from the vehicle and taken the vehicle of the defendant on the cell phone to prevent the defendant from moving the vehicle in front of the vehicle of the defendant, the defendant said that the victim "do not photographed" was the victim, but the victim was pushed the victim by driving his vehicle, which is a dangerous object to be taken by the victim continuously while refusing to do so.

Accordingly, the defendant assaulted the victim F, and assaulted the victim E with a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Results of the reproduction and viewing of sound recording files CDs;

1. Each police statement and statement of E;

1. A report on the investigation by police and the prosecution;

1. Police seizure records and list of seizure;

1. Cases of USB filling machines, photographs, photographic materials, and vehicle location cameras;

1. The recording book and photograph of the recording file (i) according to the evidence set out in the judgment, it is inferred that the Defendant, having access to the vehicle of the victim E, set up an USB charging case and set up the F in turn.

In addition, it is rare that the family member of the defendant who was on board the other vehicle was the victim E and his family members who were on board the vehicle, or they were the victim E and their families were able to commit a scambling, which is not a doubt based on the abstract possibility. ② In addition, it is judged that the defendant was driving with the intention to do negligence or assault the victim with the vehicle, and the victim who was on the front of the vehicle should be moved to the road by driving the vehicle with the vehicle with the driver's intention to scam or assault the victim.

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