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Reasons
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(영문) 수원지방법원 성남지원 2019.05.24 2018고정1145
폭행
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

The Defendant, around 14:45 on June 26, 2018, 2018, 2018, hereinafter “2018 high-level 1145, the Defendant assaulted the victim, who was driving a car in the front of the apartment house B in Seongbuk-gu, Seongbuk-gu, Sungnam-si, by taking the attitude that the victim C (hereinafter 42 years of age) who was driving a car in the front of the apartment house was frighting to boom, following the victim’s car, she continued to fright down, and she frightd with the victim’s car following the victim’s car.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The witness C’s legal statement (the victim’s statement is consistent, specific, and inconsistent with other objective evidence, and the witness’s appearance, attitude, and content of the statement before and after being sworn in the presence of a judge does not seem to have been false in light of the witness’s appearance, attitude, and statement, and thus, its credibility is recognized);

1. Application of the Acts and subordinate statutes to record the coffee of plastics;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant alleged that he was not a having of plastic cups toward the victim, but merely had the floor towards the floor, and there was no fact that he was drinking or she was displayed on the victim.

2. The following facts are acknowledged according to the evidence duly adopted and examined by this Court.

① The Defendant’s attitude or the starting line was in the state of looking at the victim’s right angle when the Defendant was holding the World Cup as stated in its reasoning.

The direction of the defendant's moving-in of the World Cup is not the floor but a little left side from the top of the victim.

(2)

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