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(영문) 청주지방법원 영동지원 2018.02.08 2017고단100
폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 20, 2017, at around 06:40, the Defendant: (a) requested victims E (50 aged) who are residents of the same village in the D gas station located in Chungcheongbuk-dong C, Chungcheongnam-do; (b) however, on the ground that the victim refused to do so, the Defendant assaulted the victim’s left side by using a lush hand, such as a single lush and a single lush part.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of each Act and subordinate statutes to On-site CCTV CDs;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

3. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the main points of the argument are the victim's friendly fact once, the victim's left side is not less than one time.

While the defendant was in a dispute with the victim, he was merely pushed the victim with his chest, and it did not constitute a legitimate defense or a legitimate act.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant abused the victim as stated in the facts constituting the crime.

It should be seen that such an act constitutes a legitimate defense or a legitimate act.

All Defendant and defense counsel's arguments are not accepted.

① The victim made a statement to the effect that he/she was assaulted as stated in the facts constituting a crime in the judgment of the Defendant in an investigative agency and this court, and it is judged that the credibility of the statement is high, such as maintaining consistency in specific and core parts.

② Examining the CCTV images taken at the time, it appears that the Defendant saw the victim who was seated, to have a strong hand over the victim (only at the time of the video).

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