(영문) 인천지방법원 2019.07.12 2018고정2596

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.07.12 2018고정2596

폭행

Text

Defendant

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

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A around 21:10 on Nov. 4, 2017, around 21:21:10, in the “Dnogate” located in the Incheon Strengthening-gun C, destroyed the flaps of the victim B (50 years of age) beyond the floor, and assaulted the victim of the flaps with the right part of the flaps, the left part of the flaps, and the left part of the flaps.

Summary of Evidence

1. Application of the Acts and subordinate statutes on witness B and E’s respective legal statements;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the Defendant A and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion asserts that the Defendant only responded to the victim and did not use the victim’s physical force.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the fact that the Defendant committed assault as stated in the victim’s body’s facts constituting a crime can be acknowledged.

(1) The victim consistently states the developments, contents, etc. of the assault from the investigative agency to this court that “the Defendant, while having been in his/her own possession of his/her flab, destroyed his/her head and arms in excess of his/her flab, and met with his/her flab.”

(2) The witness E, a witness, stated to the investigative agency and this court that “the defendant observed the victim’s face by going on the victim’s body” (No. 52 pages of the evidence record), and the witness E, the credibility of the statement is recognized in light of the following: (a) it is recognized that the defendant was at the time of the defendant; and (b) it is recognized that the witness E, a witness, had the victim’s face.

③ Although the Defendant asserted that only the victim did not have assaulted the victim, it is deemed that E participated in the situation where the victim unilaterally assaults the Defendant according to the Defendant’s assertion.

참조조문

유사 판례

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