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(영문) 의정부지방법원고양지원 2020.11.25 2020고단1738
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant operated a clothing store of C in the first floor of the building B in Pju City, and the victim D (n, 38 years old) respectively, at a place adjacent to the above store. The Defendant and the victim did not have any adequate appraisal of each other due to other complaints, etc.

On April 1, 2020, the Defendant passed by the victim in the corridor of the shopping mall around 17:30 on April 1, 2020, and "the Defendant cannot pass by the same swine", and the Defendant was pushed down one time by the shoulder of the victim when intending to pass to the port of the Defendant.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made by the police on D;

1. The Defendant and the defense counsel of CCTV CD and USB met the victim in the commercial corridor, facing the victim, and the Defendant stopped before the victim. The victim came into contact with the two shoulders in the wind that the Defendant was faced with the narrow gap between the left walls in the direction where the Defendant was faced, and the Defendant was pushed back by the victim’s shoulder force, and the Defendant was pushed down by the victim’s shoulder force, and proceeds in the future due to its side action, not by the Defendant’s intention, but by the victim’s shouldering, the charge is denied.

However, according to the evidence above, the victim started from the "F" store and "E" store. At the same time, the defendant left the side of the victim's clothes store. The defendant almost at the same time, and there is a defect that the victim discovered the defendant who walked toward the center of the corridor and attached to the right wall to the right side of the victim, the defendant's walk toward the right side of the road beyond the center of the corridor, the fact that the defendant turns toward the left side of the road beyond the center of the corridor and talked with the victim.

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