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(영문) 수원지방법원 2021.01.13 2020고정1050
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Victims B (son, South 35 years of age) and the Defendant are the relationship between fraud and the funeral, and the victim is currently in the divorce process with the wife.

On April 11, 2020, the Defendant: (a) at around 05:30 on April 11, 2020, tried to find out the victim’s residence located in Suwon-gu, Suwon-si, in order to drive away from the victim’s residence; (b) took the victim’s neck by hand; (c) took the victim’s chest and neck at several times; and (d) took the victim’s chests and necks away from the above residence, the Defendant was tight down with the victim’s body so as not to move out of the above residence.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. 피고인의 일부 법정 진술 증인 B의 법정 진술 현장에서 촬영한 피해 부위 사진 [ 피고인 및 변호인은 피고인이 피해자의 목을 조르거나 때리고 할퀸 적이 없다고 주장한다.

The above evidence, each of the above evidence, and the following circumstances recognized by it, the victim stated consistently and specifically in the investigation agency about the facts of the crime, and the victim made a false or exaggerated statement about the fact of damage.

In full view of the fact that the circumstances cannot be seen, it can be sufficiently recognized that the defendant used the victim's assault as stated in the facts constituting the crime.

Then, we cannot accept the above argument of the defendant and his defense counsel

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

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