(영문) 수원지방법원 2015.12.17 2015고정1192

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(영문) 수원지방법원 2015.12.17 2015고정1192

폭행

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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of the council of occupants' representatives, such as the auditor of the council of occupants' representatives, and the victim D (the age of 53).

On November 23, 2014, the Defendant, at around 19:30 on November 23, 2014, committed assaulting 4-5 times by speaking on the part of the victim’s left arms, as a result of differences in opinions among meetings related to the selection of guard companies in the council of occupants’ representatives within the said council of occupants’ representatives.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Statement D in the suspect interrogation protocol of the defendant and D to the prosecution;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Some statements in the police statement concerning F;

1. The defendant's and his defense counsel denied the charges and asserts that at the time of denying the charges, the defendant did not have committed any assault against the victim. The defendant's statement is reliable in light of the following: (a) the contents of the victim D's statement are consistent and specific; (b) the violence level and degree shown in the victim's photograph conforms to the victim's statement; and (c) the degree of the violence level and degree shown in the victim's photograph conforms to the victim's statement in this court; and (d) the attitude of the victim's statement in this court. In addition, the chairperson of the apartment council of occupants' representatives in a relatively neutral position consistently stated that the defendant showed witnessing the victim's arms by speaking the shot of the defendant (E refers to the police's statement that the victim took the defendant's hair and made the head of the defendant's body on his hand).

In full view of the fact that the defendant and the victim have conflicted with the council of occupants' representatives, the above argument by the defendant and the defense counsel cannot be accepted, since the facts constituting the crime against the defendant can be established in the judgment of the court below.

1. Criminal facts;

유사 판례

-서울북부지방법원 2014.12.23 2013고정2742

-수원지방법원 성남지원 2014.05.15 2014고단668

-서울서부지방법원 2013.08.28 2013고정1187

-인천지방법원부천지원 2020.04.23 2017가단104912

-서울남부지방법원 2012.05.31 2011고정2320