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(영문) 서울중앙지방법원 2019.07.10 2019고정116
폭행
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a D pharmacy in the first floor C of the Seoul Jung-gu Seoul Metropolitan Government B market.

On September 19, 2018, at around 07:36, the Defendant assaulted a wounded noble person on the victim’s chest while putting the 'E' clothes from the above commercial building up to the boundary (n, 41 years of age) and the 'E' box up in the vicinity of the boundary.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Application of Acts and subordinate statutes on the internal investigation report (CCTV analysis);

1. Articles 260 (1) and 260 (1) of the Criminal Act and the choice of fines for criminal facts;

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

1. The defendant and his defense counsel asserted on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant asserted that the defendant's act does not constitute the crime of assault since he was sealed by the defendant, but did not directly prices the victim.

Violence refers to the exercise of physical or mental pain on a person's body, and it does not necessarily need to have contact with the victim's body. The illegality should be determined by comprehensively considering the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence and degree of pain inflicted on the victim, etc.

(See Supreme Court Decision 200Do5716 Decided January 10, 2003, Supreme Court Decision 2008Do4126 Decided July 24, 2008, Supreme Court Decision 2016Do9302 Decided October 27, 2016, etc.). Examining the foregoing legal principles in light of the foregoing, even if a person who was a person who was closely involved in the Defendant did not contact the body of the victim, the victim was not the victim.

However, it is reasonable to view that the defendant's act of threateningly threatening the victim's body by pushing ahead of a box as close to the victim constitutes an assault by exercising physical and mental pain on the victim's body. Therefore, the defendant's assertion is the defendant's defense counsel.

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