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(영문) 대전지방법원 2018.02.08 2017고정1163
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 November 11, 2016, at around 18:40, the Defendant assaulted the victim C (the 35 years old) and the mobile phone in the process of dealing with the occurrence of a traffic accident on the road in front of the exit of the Sinsan-dong, Sinsan-si, Sinsan-si, the Sinsan-si, by forcing the victim to leave the wall and the cell phone, and by causing the victim to return it again and causing the defect to be pushed down.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Complaint;

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of booms submitted by the victim);

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;

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

1. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act in relation to the provisional payment order asserts that it is unlawful since the exercise of force by assault is not so significant. Thus, the following circumstances acknowledged by the health unit and evidence duly adopted and investigated: ① the defendant and the victim have a ditch due to traffic accident handling problems at the time, and the appraisal is not good; ② the defendant's request for the return of the victim's cell phone to the victim to keep the defective situation after setting the victim's cell phone; ③ the defendant refused it; ③ the defendant's request for the return of the victim's cell phone; ③ the victim's request is recorded in the black video; ④ The use of force against a person's body; ④ The use of force means the exercise of force against a person; and the use of force does not require it to harm the physiological function of the person or to harm the health of the person; considering the circumstances, the defendant's act constitutes an assault under the Criminal Act; and the circumstances at the time of the crime is against social norms of the defendant.

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