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(영문) 부산지방법원 2019.03.06 2019고정109
특수폭행
Text

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

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

Reasons

Punishment of the crime

On November 15, 2018, around 03:30 on November 15, 2018, the Defendant: (a) committed assault, around the first floor of the building underground in Busan, the first floor of the building B in Busan, the Defendant: (b) 2 soldiers who were in the air conditioners; and (c) Habn and 1 disease out of the air conditioning the wall, putting the remainder into his hand, putting the other hand without shouldering, leading the victim D (28 years of age); and (d) putting the back of the victim, booming him.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement of D police statement;

1. A report on internal investigation and investigation (Evidence List Nos. 5 and 6) [the defendant asserts that he did not assault the victim while carrying a son’s disease at the time of the instant case. However, the term “Assault in the crime of violence” means the exercise of physical tangible force against a person, which does not necessarily require any contact with the victim, and thus does not necessarily require any contact with the victim’s body, and thus, it constitutes an assault as an exercise of unlawful tangible force against the victim even if he did not directly contact the victim’s body (see, e.g., Supreme Court Decisions 89Do1406, Feb. 13, 1990; 200Do5716, Jan. 10, 2003). In light of the above legal principles, it is sufficient to find the defendant guilty of the facts charged in the instant case, in light of the circumstances that the defendant himself has committed a threat to the victim by destroying the son’s disease in an investigative agency, and by harming the victim by harming him].

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment;

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

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

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