logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.08.24 2018고정481
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

The defendant is the president of the C Model House in Gwangju City, and the victim D (V, 53 years old) is the above C Model House seller.

피고인은 2017. 6. 24 14:00 경 위 C 모델하우스에서 피해자와 분양문제로 말다툼을 하던 중 화가 나 피해자가 앉아 있던 의자를 1회 손으로 밀어 공소장에는, 피고인이 피해자가 앉아 있던 의자를 1회 발로 걷어 찼다고

기재되어 있으나, 피해자의 진술에 의하더라도 피고인이 손으로 밀었다는 것이고, 발로 찼음을 인정할 증거는 없으며, 피고인은 손이든 발이든 전혀 사용하지 않았다고

As such, it would hinder the defendant from exercising his right of defense.

It does not appear.

The victim was assaulted by the victim of the victim beyond the floor.

Summary of Evidence

1. Legal statement of the witness D;

1. The Defendant and his defense counsel asserted that the Defendant and his defense counsel were seated on the entrance door to keep the victim out of the entrance door so as not to leave the room, but the victim’s statement is relatively consistent, and the victim’s own statement was exceeded from her own will and made a false report in 112;

It is difficult to believe.

On the contrary, the defendant was trying to attract the victim by making another employee (E, F) in the immediately preceding case, and the F, which seems to have been witness in the case in light of the circumstances, made a detailed statement about the part where the victim suffered a charge or caused a disturbance, but did not go beyond the victim's own will.

It is difficult to believe that the statement is made by the investigative agency and it is hard to reverse the statement.

We do not accept the above argument.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The order of provisional payment;

arrow