(영문) 서울남부지방법원 2021.01.22 2020고정1764

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(영문) 서울남부지방법원 2021.01.22 2020고정1764

폭행등

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

1. On June 22, 2020, the Defendant assaulted the victim who spits a brine by moving the freight of the victim C ( South, 60 years old) to the front of the Yeongdeungpo Park in Yeongdeungpo-gu, Seoul, on the new road, on the front of the Yeongdeungpo Park Park, and on the two-wheeled vehicles for BL125 times the Defendant driven, on the ground that the freight of the victim C ( South, 60 years old) driven by the Defendant stopped the play by sounding the horn.

2. No person who violates the Automobile Management Act shall cover a registration number plate nor make it illegible, and shall operate such a motor vehicle;

Nevertheless, at the time and place of Paragraph 1, the Defendant operated the two-wheeled automobile with a license plate attached to the wheel lockeds.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A written appraisal;

1. The defendant asserts that there is no fact that spits are spiting, although there is a fact that spits are spiting, report on internal matters (CCTV verification), report on internal matters (STV verification), and report on internal matters (the identity of the suspect and the identity of the suspect).

However, the victim stated very concretely before and after the victim suffered the same damage as the stated in the facts charged in this court, and there is no contradiction in the statement.

In addition, the victim recorded part of the situation at the time of the case, and according to the recording file, the victim's spitation is clearly identified that the victim spits or spits the defendant.

immediately after the case, the image of the victim's vehicle photo taken by the victim is checked on the driver's seat window (the inside side) and the window (the outside side) of the auxiliary seat, and the other amount was detected as a result of appraisal.

Therefore, the defendant's spitation of spits can be sufficiently recognized, and the defendant's above assertion cannot be accepted.

Application of Statutes

1. Article 260 of the Criminal Act applicable to the crime and Article 260 of the Criminal Act (the point of violence).

참조조문

-형법 제260조 제1항

유사 판례

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