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(영문) 수원지방법원 2014.04.30 2014고정49

폭행

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 2, 2013, around 23:00, the Defendant used the victim D (the 53 years of age) to take a bath before Suwon-gu, Suwon-si, and assaulted the victim's neck and chest by pushing around one time by hand, and assaulted the victim's part of the vessel by drinking against the above acts.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on statement made to A;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant alleged that his act constituted self-defense or legitimate act, since the victim first started with the Defendant, and during the process of setting up against it, the Defendant’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act is merely a self-defense or legitimate act. However, in light of all circumstances, such as the background, means, method, degree of damage, etc. of the crime of this case acknowledged by the evidence of each of the above evidence, the Defendant can be recognized to have actively committed an act of defense, not a passive act of defense, and it is difficult to be called a self-defense or legitimate act.