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(영문) 광주지방법원 2021.03.18 2020고정878
폭행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 11, 2020, around 21:20, the Defendant: (a) committed assault against the victim B (24 years) and the driver’s vehicle driving problems in the vicinity of the 219-do, Seo-gu, Seo-gu, Seo-gu, Gwangju, with each other; (b) when the vehicle driven by the victim is under the stop of the signal waiting, the Defendant used the victim, such as spiting the spiting the windows into the face of the victim, with the windows of the heat.

Summary of Evidence

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes for report on internal investigation (Attachment of evidential materials, such as black stuffs and videos);

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. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant only spits the victim’s automobile door which was stopped, but does not spit the victim’s face, but does not fit the victim’s face. Thus, the crime of assault is not established.

The argument is asserted.

Violence is not limited to those that may cause physical and physiological pain by exercising physical force against a person's body, but also includes those that may cause mental pain or displeasure, the exercise of force towards a person's body is sufficient, and there is no need to contact the body of the victim.

According to the evidence duly adopted and examined by the court, at the time and place stated in the facts of the crime, spiting the victim's driver's seat by approaching the driver's seat of the victim's vehicle in which the defendant was living in a diving, and spiting the victim's driver's seat towards the driver's seat of the vehicle in which the victim is driving at the time. The defendant spits the victim's seat was placed on the victim's vehicle, but some spit spitings were placed on the victim's face and clothes.

. The above.

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