(영문) 서울중앙지방법원 2013.10.25 2013고정2299

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2013.10.25 2013고정2299

폭행

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

At around 18:35 on March 17, 2013, the Defendant reported the Victim F (30 years of age) who was flicking against the Defendant’s son in front of the “Earina” located in Jongno-gu Seoul Metropolitan Government D, and made a conflict with the Defendant’s son, who was flicking against the Defendant’s son, committed the assault against the Defendant twice.

Summary of Evidence

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

1. Application of field CD-related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant committed an assault against the victim by raising the victim’s sump one time by holding the victim’s hand, with the date and time as stated in the facts charged, and at the place of the Defendant’s hand.

2. Determination

A. The Defendant consistently denied the victim’s threshold from investigative agency to this court by his hand. Accordingly, the Defendant is only a statement in F’s police and court as evidence corresponding thereto.

B. Specifically, in this Court, the Defendant was aware of the above violence, and the time when the Defendant was aware of, and the F stated that the face was recorded in the field CD screen without accurately memory. However, insofar as the face is not identified in the field CD screen, it is difficult to believe the above statement as it is.

C. Thus, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant was at the victim's seat, and there is no other evidence to acknowledge it.

3. According to the conclusion, this part of the facts charged constitutes a case where there is no proof of facts constituting a crime, and thus, a not-guilty verdict should be pronounced pursuant to the latter part of Article 325 of the Criminal Procedure Act, but as long as the court found the defendant guilty of

참조조문

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