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(영문) 서울남부지방법원 2019.10.23 2019고정21
폭력행위등처벌에관한법률위반(공동폭행)등
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

The criminal history of the crime (defendant A), Defendant A and B were the mother and female simple, and C was the marital relationship between Defendant A and the married couple on August 2015, and the victim D(W, 49) is the relationship between Defendant A and C.

1. On May 8, 2016, around 00:30 on May 8, 2016, Defendant A differentiated from the fact that the victim and C were in one room at the Gangseo-gu Seoul Metropolitan Government E apartment F.C’s house. Defendant A used a lusium in the lusium lusium and a red-water powder, mixed with water 1 liter, and assaulted the victim by spreading it to the victim.

2. Defendant A, at the time, and at the place described in the above Paragraph 1, used the victim’s head scam and scams of several times on the same grounds as the date and place described in the above Paragraph 1, and used the victim’s body to walk the victim’s body at several times due to the outbreak of the victim’s head scams.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of witness D;

1. Statement made to D by the police;

1. The Seoul Southern District Court’s 2016Kadan6330 was examined and recorded as the witness of the case, and the judgment [the following circumstances acknowledged by the evidence duly adopted and examined by the court, i.e., the victim’s statement in the investigative agency and this court (the victim’s statement in this court without any addition to or addition to the facts unfavorable to the principal) may believe the victim’s statement in light of the victim’s attitude to make the statement in this court, the physical strength of the statement, etc.

In full view of the contents of Defendant A’s statement in the Seoul Southern District Court case No. 2016Da6330, Defendant A’s act against the victim, it can be acknowledged that Defendant A used the same tangible force as the written judgment against the victim.

In addition, according to the evidence duly adopted and examined by this court, the defendant A and the victim appear to have fighting with each other, and it is difficult to view that the defendant A unilaterally suffered violence from the victim, and the contents, motive, purpose, means, and method of the act committed by the victim by the defendant A.

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