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(영문) 수원지방법원 성남지원 2019.03.28 2018고정1131
폭행
Text

Defendant shall be punished by a fine of eight hundred thousand won.

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

Reasons

Punishment of the crime

On July 14, 2018, at around 12:10 on July 14, 2018, the Defendant assaulted the victim by taking the victim's head one time by using vinyl finite which was in a mutual dispute with the victim's refusal to give testimony to the case in which the victim requested the victim D(53 years of age) to give testimony to another person, but the victim's refusal to give testimony to the case.

around 08:40 on July 31, 2018, the Defendant assaulted the victim's knee, on the knee, on the knee, on the ground that the victim D(53 years of age) was "a disease, another year, and year" and play in front of the Dong-dong, Seongbuk-gu, Sungnam-si, Sungnam-si, and that the victim D(53 years of age) was "a disease, another year, and the head of the Gu."

Summary of Evidence

"2018 High Court 1131"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The victim's photograph "2018, 1132";

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A report on investigation;

1. Photographs (CCTV, etc.) [In a case where the victim’s statement supporting the facts charged is consistent alternatively and consistent with the facts charged, it shall not be rejected without permission, unless there is any other evidence that is objectively deemed objectively reliable (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). Witness D is relatively clear and consistent to the purport that “the Defendant had broomed to himself/herself” from the investigative agency to the court.

Although the CCTV photographs submitted as evidence did not submit a net screen suitable for brooms, the defendant brooms with brooms or brooms with the victim while brooms or driving away from the victim, it seems that the defendant's act was merely brooms with the victim's intent to defend and used brooms with the victim's desire to attack against the victim. In addition, the above victim is the victim.

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