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(영문) 창원지방법원 밀양지원 2019.03.28 2018고단163
폭행
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 8, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor for special injury, etc. and 2 years of suspended execution in the Changwon District Court's Seongbuk-gu branch on February 8, 2018, and the judgment became final and conclusive on February 20, 2018,

Around 10:40 on March 15, 2018, the Defendant committed assault against the victim C (the 60-year-old) and B commercial association at a place where they talk about the repair work for the parts in which rain is found in the shop ceiling. However, the Defendant expressed the victim’s speech that “I am in other ways” from the victim, “I am in other ways,” and “I am in other ways, I am in contact with the victim, I am the head part of the victim, and am out of the floor.”

Summary of Evidence

1. C’s legal statement;

1. 112 reported case handling table;

1. CCTV image data;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Although the Defendant denied the facts charged in the instant case, according to the pertinent Article of the Criminal Act, Article 260(1) of the Criminal Act regarding the crime, and Article 260(1) of the Criminal Act regarding the Defendant’s assertion of the choice of imprisonment, the evidence duly adopted and examined by the court, in particular, according to the witness C’s legal statement and CCTV video data, it is recognized that the Defendant committed assault by booming the victim’s head by using the

Even if the defendant got out of the victim, the defendant was broomd with the victim.

There is room to see that the victim was used regardless of the assault of the defendant when the victim was treated with brain color.

Even if the defendant got back to proteg from the nearest distance to the victim's head, so long as the above facts are recognized by the evidence, this alone does not constitute the exercise of force in the crime of assault. Thus, there is no obstacle to the establishment of this crime.

Supreme Court Decision 199 delivered on February 13, 1990

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