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(영문) 서울남부지방법원 2017.01.12 2016고정114

폭행

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 20, 2015, around 07:15, the Defendant: (a) committed assault against the victim D in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) had the victim D (son and 29 years of age); (c) had flicked breath from the victim; and (d) had the victim go beyond the ground floor by salkeing the breath; and (c) used the breath of the victim’s breath with his head; and (d) committed assault against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The suspect interrogation protocol regarding D (the defendant and his defense counsel asserted to the effect that the defendant's act constitutes a legitimate defense. However, according to the evidence above, the defendant's act seems to have been not only the nature of defense but also the nature of defense as an attack. Thus, the above argument cannot be accepted)

Application of Statutes

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)

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;