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(영문) 인천지방법원 2018.09.14 2018고정234
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 13, 2017, at around 20:33, the Defendant, while driving a low-speed car in front of the 43-ro malk-ro, Nam-gu, Incheon, Nam-gu, Incheon, with a view to a collision with the victim D(62 tax) string the left-hand turn, the Defendant made a assault by putting her falp and ring the falp of the victim who was in the taxi driver's seat down at the car.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses other than the trial date on witnesses D;

1. Partial statement of the witness F;

1. Written statements of D;

1. Filing an investigation report (for the case of the victim vehicle boom images), the application of the Acts and subordinate statutes on black booms video CDs;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that the illegality is excluded as a legitimate act that does not go against social norms, although the defendant did not keep the victim’s breath, and took the victim’s breath in the future, it is a legitimate act that does not go against social norms.

2. Determination

A. According to the evidence duly adopted and examined by this court as to whether the victim committed an assault, the victim is consistent with this court’s investigation agency and this court, and the defendant was able to dump the victim.

At the time, the victim made a statement, even in the black image of the victim vehicle, if the defendant was in the future of the driver's seat of the victim vehicle who was landed from his own car, and the victim appears to have the same shape as the victim's self-bating part, together with the victim's "I am well," and "I am, anywhere."

The victim's words "math, spath", and the victim's statement containing a breath report to the police that he did flapsing.

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