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(영문) 서울중앙지방법원 2013.04.22 2012고정6126
폭행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 10:00 on May 14, 2012, the Defendant: (a) at the E-real estate office operated by the victim D (55 years of age) in Dongjak-gu Seoul Metropolitan Government, the Defendant: (b) 10:00, the victim flicked the victim’s face in filing a civil suit against the Defendant with the court; (c) flicked the victim’s face at one time as a drink; and (d)

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D, and part of witness F’s legal statement;

1. Documents submitted A;

1. The application of Acts and subordinate statutes to sound CDs (record on the scene of violence and police boxes, recording of the contents of telephone conversations with G, recording of suspect D's interrogation of suspects, recording of suspect A and cross-examination of suspects A);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act stated to the effect that, although the Defendant had never taken the victim’s breath at the time of the instant case, the victim’s face was not taken by drinking.

The victim consistently made a statement that “the Defendant had her fat, leading the Defendant’s fat, leading the fat,” not only once the fat, but also “the fat once the fat face was taken” (According to the sound recording CD, the victim can be recognized the facts stated in the post-fat when the police investigation was conducted on July 23, 2012). The details of the statement are natural and specific, and the credibility of the statement is high.

On the other hand, witness F stated that the defendant was unable to see the face of the victim by drinking. However, it cannot be ruled out that the defendant's testimony at the investigation stage and the statement at this court were not consistent and at the time, and that he did not constitute the above act of the victim only once during the process of leading the victim's breath and leading him into the breath, so the credibility of the victim's statement can be lowered only by the F's statement.

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