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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 28, 2016, the Defendant: (a) committed assaulting the victim’s flabage in order to bring the victim’s flab to the outside of the vehicle in order to bring the victim’s flab into the front road of the Health Insurance Corporation.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to E and D;
1. Application of Acts and subordinate statutes to a report on investigation (investigation into the F Search of Twits), investigation report (Attachment of a victim's vehicle booms and video data);
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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act
1. The defendant's assertion that it was true that there was a dispute with the victim at the time of the case, but there was no attempt to catch the victim's breath.
2. The judgment of the victim and the driver of the victim E, as indicated in the judgment of the defendant, led the victim's breath.
At the time, the case was observed and the dispute between the defendant and the victim was resolved.
F made a statement in the telephone conversation with investigative police officers that “the Defendant observed that he had flabed the victim’s breath.”
The statement made by an investigative agency as to the process of the case between the victim and E is consistent with the contents of the voice file recorded in the black image of the victim's vehicle, and there is no reason to reject the credibility of the statement.
In light of the above evidence duly adopted by this court and examined the evidence, the defendant was proved without reasonable doubt that the defendant inflicted physical force on the victim by means of breathing the victim's breath as stated in the judgment.
As can be seen, the defendant's assertion is rejected.