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(영문) 서울남부지방법원 2018.07.12 2018고합126
폭행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 6, 2018, at around 17:45, the Defendant used the C Hospital parking in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to drive a vehicle by the victim D (41 years of age) before driving the vehicle, and f-7 vehicles in front of her vehicle, and used the victim's face at least three times, and f-7 vehicles walking the bridge.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the instant video CD-related statute

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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. 주장의 요지 피고인은 피해자의 얼굴을 향해 주먹을 휘둘렀으나 스친 것에 불과 하고, 피해자 차량 범퍼를 발로 찼을 뿐 피해자의 다리를 차지 않았다.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, the victim’s statement is reliable, and it can be sufficiently recognized that the defendant committed violence against the victim by drinking the victim’s face and walking the victim’s bridge.

The victim made a statement to the effect that it conforms to the facts charged in this case in an investigative agency and this court, and such statement is specific and consistent.

The defendant's hand is consistent with the victim's statement even video (Evidence Nos. 6) in which the face of the defendant's hand is recorded.

3. Accordingly, the Defendant’s assertion is rejected.

The crime of this case on the grounds of sentencing is a bad crime that the defendant expressed the victim's desire to commit the crime of this case on the grounds that he had a warning once, and assaulted the victimized person several times.

Since the defendant was unable to reach an agreement with the victim, the victim is punished for the defendant.

Defendant has been punished several times including the same kind of crime.

However, damage caused by the instant crime is relatively less.

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