(영문) 의정부지방법원 고양지원 2016.12.08 2016고단2069

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(영문) 의정부지방법원 고양지원 2016.12.08 2016고단2069

특수폭행등

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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

On April 11, 2016, the Defendant: (a) committed assault against the victim by spreading his arms on the floor by leading the victim who was on a call taxi for persons with disabilities, in front of the DD convalescent Hospital in Goyang-gu C on April 14:30, 2016, in order that the victim, who is his female, intends to forced the mother being hospitalized in the convalescent hospital, in front of the DD convalescent hospital in Goyang-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Witness E;

1. Witness F’s testimony [The defendant and his defense counsel asserted that there was no assault committed by the victim by leading the victim’s arms and that the victim was above the floor of the victim’s own. However, according to the consistent and reliable witness E’s testimony, the defendant’s assault is recognized, and the testimony of the witness E is also consistent with this. The witness F’s testimony is also consistent. The defendant’s testimony is difficult to find the reasons why the victim, who is the visually impaired, would be able to get off his own in the vehicle].”

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. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged, around 14:30 on April 11, 2016, the Defendant: (a) carried a stick used by the victim in front of the Dental Hospital in Gyeyang-gu, Soyang-gu; (b) however, the victim avoided the stick.

Accordingly, the defendant assaulted the victim by using a dangerous stick, which is a dangerous thing.

2. The defendant asserts that the defendant only carried a stick from the victim and there is no fact to display it.

In light of E’s testimony to the effect that the witness F’s investigative agency and the statement in this court, which seem to be consistent with the fact that the defendant carried a stick against the victim, were to the extent that the defendant tolds the victim as “intake and guide the victim” while leaving the stick in order to let the victim get off the vehicle, it is difficult to believe, and otherwise, the defendant is charged with the charge.

참조조문

유사 판례

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-인천지방법원 2014.10.31 2014고정2312

-서울북부지방법원 2016.01.26 2015고단1616