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(영문) 서울남부지방법원 2019.05.23 2019고단507
폭행
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to ten months of imprisonment with prison labor and two years of suspended execution due to an injury, etc. at the Seoul Central District Court on December 21, 2017, and the judgment became final and conclusive on December 29, 2017, and is currently under suspended execution.

【Criminal Facts】

At around 20:00 on November 20, 2018, the Defendant: (a) committed an act of insurance against a traffic accident in front of the Geumcheon-gu Seoul Metropolitan Government “C” on the street; (b) on the ground that the insurance management situation does not appear in mind, the Defendant, who is an employee of the counterpart vehicle insurance company, committed assault against the victim D (the age of 27) who was an employee of the counterpart vehicle insurance company, “I ambame, I ambame, I ambame, I ambame.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness D, E, and F;

1. Statement made to D by the police;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (informating records, etc.);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) 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 and his defense counsel asserted that the defendant only used the victim's head to contact with the head of the defendant during the period of the instant case, and did not use the victim's head by smuggling.

2. Determination

A. The crime of violence refers to the exercise of physical tangible force against a human body, and therefore it does not necessarily require any physical contact with a victim, and thus, in the event that a person inflicts a loss or an article or an act of display or throwing a body of the victim directly did not have contact with the victim, it constitutes violence as an exercise of unlawful tangible force against the victim, even though it did not directly contact the victim.

(B) The Supreme Court Decision 89Do1406 delivered on February 13, 1990 and Supreme Court Decision 2000Do5716 delivered on January 10, 2003

(e).

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