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(영문) 서울남부지방법원 2017.08.30 2017고단1038
폭행등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 11:00 on May 12, 2016, the Defendant assaulted the victim’s threshold and the part of the victim at one time, respectively, on the hand between his/her hand and his/her seat, as the victim D (the name, fring, 36 years of age) and the vehicle contact accident before the Gangseo-gu Seoul Metropolitan Government apartment complex 906, and the Defendant argued against the victim who attempted to flee.

2. The Defendant, at the time and place stated in paragraph 1, committed an indecent act by force against the victim, such as the defect that the victim D, who was assaulted as above, tried to report to the police, and the victim’s left chest part was flicked by his hand, and the flick committed an indecent act by force.

Summary of Evidence

1. Each protocol of examination of witness witness D and E;

1. The defendant asserts that there is no fact that the defendant has committed violence against the victim D or committed indecent acts against the victim D's forced indecent acts.

However, the victim consistently stated the situation before and after the crime of this case from the investigative agency to the court of this case, and the circumstances under which the victim suffered violence and prosecution damage, and there is no special circumstance to suspect the credibility of the statement, and there was a close position at the time.

E did not directly see the face of assault or indecent act in this Court, but it was believed that the victimized person was aware of the fact that the victimized person was the Defendant and the word “heat” was referred to as “heat.

The statement supports the above statement of the injured party.

Ultimately, the above statement of the injured party is reliable.

According to each evidence of the judgment, it can be recognized that the defendant has assaulted and prosecuted the victim as stated in the facts of the crime.

Therefore, the defendant and his defense counsel's assertion is not accepted.

1. Relevant Article 260 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 298 of the Criminal Act, and the choice of each fine concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act to attract a workhouse;

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