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(영문) 광주지방법원 순천지원 2021.02.05 2020고정188
폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant

A is a driver of a passenger car in Category B, a victim C is a driver of a passenger car in Category D.

On January 26, 2020, the Defendant: (a) 16:00 on 16:1.26. 1, 2020, the Defendant: (b) expressed a desire that the victim would be waiting for a straighten signal on the lane prior to the right-hand; (c) and (d) expressed a desire that the victim would be spited by spiting the victim’s face while waiting for a straighten signal on the lane prior to the right-hand; and (d) assaulting the victim by spiting the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes on site photographs, such as the state of damage caused by black stuff images (to view on the third trial date);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination on the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, which is the burden of litigation costs

1. The Defendant’s summary of the assertion is merely a fact that there was a dispute with the victim on the day of the instant case, and that spits or spits on the face, such as what is written in the facts charged, do not constitute a fact of spits.

2. Determination

A. The victim C spits spits the Defendant while taking a serious bath in this Court, and opened a window on the left part of the driver’s seat at the time. The victim C made a specific statement that is consistent with the purport of the facts charged, and the said statement by the victim is consistent with the investigation agency on its behalf.

B. Even according to the black image (which is installed on the Defendant’s vehicle) in which the situation was taken at the time, the Defendant scam repeatedly scambling the horn before the Defendant gets approaching the victim’s vehicle and stopping.

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