(영문) 울산지방법원 2014.01.17 2013고정335

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(영문) 울산지방법원 2014.01.17 2013고정335

폭행

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Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 21:40 on September 13, 2012, the Defendant: (a) committed assault on the part of the victim E (the 65-year old) who stopped in front of the D convenience store located in Ulsan-gun, Ulsan-gun; (b) committed assault on the part of the Defendant and submitted a diagnosis that requires three-day medical treatment by the victim to the police; and (c) committed assault on the part of the victim, such as: (d) the victim’s hand seated in the bus driver’s seat, and (e) the victim was able to wear down the bus on the bus floor, and (e) the victim was able to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on report of occurrence of violence;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that, although the victim was unable to leave the instant site until the police officer goes off, the Defendant did not take the Defendant’s hand, or did not go beyond the floor, and that the victim was in excess of the floor.

2. A police officer, who was called to the site of this case at the time, prepared the following circumstances, namely, ① the police officer, who was called to the site of this case, prepared a report (fence 4 pages) that the Defendant was assaulted by the Defendant even to the police officer dispatched to the site of this case. According to this, the Defendant reported the damage that the Defendant was assaulted by the Defendant to the police officer who was called to the site of this case; ② the Defendant was going to the bus in order to prevent the victim who was seated at the time of bus driver’s seat from leaving the site of this case until the police officer went to the bus of this case; thus, the police officer should not drive the victim; and so, to do so.

참조조문

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