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(영문) 제주지방법원 2019.07.10 2018고정232

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

The defendant is a foreigner of Canada's nationality who is married with a Korean woman and resides in the proposal, and operates a English book in B apartment, and the victim C(the age of 47) is an employee of the B apartment management office in which the defendant resides.

피고인은 2017. 9. 25. 15:00경 제주시 B아파트 관리사무소 앞 노상에서 애완견을 데리고 산책하던 중 제초 작업을 마치고 잡초용 기기를 손질하는 피해자와 마주치게 되었고, 피고인의 애완견이 피해자의 모습을 보고 계속 짖어대자 피해자에게 “실장님 고(go), 고(go)”라고 하면서 다른 장소로 가라고 하였으나 피해자가 움직이지 않고 그 자리에 계속 서 있자 피고인의 가운데 손가락을 보이며 “뻑큐(fuck you)”라고 수차례 욕설을 하며 피해자를 지나쳐 갔다.

Since then, as the victim gets away from her own and resisted, the Defendant spawdd the victim's "flash" with a great sound, and the victim brought two fingers into her own entrance, and spawded by plicking the victim's above fingers with a defect of "mash".

Summary of Evidence

1. Each legal statement of witness C and D;

1. The accused and the defense counsel of the suspect interrogation protocol of the police as to C of the victim at the time of the case, and the defendant did not plpl up or pluck up the victim's fingers, but this is inevitable to restrain the victim's fingers because the victim took knife with the victim's fingers, so it constitutes a legitimate act or self-defense under the Criminal Act. However, in addition to the victim's investigation agency and witness's statements in this court, when considering the victim's specific and consistent statement in this court, it can be sufficiently recognized that the defendant committed an assault as stated in the above facts of crime, and the victim first reached knife with the victim's fingers.

참조조문