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(영문) 수원지방법원 안양지원 2017.03.07 2016고정973

폭행

Text

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

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

Reasons

Punishment of the crime

On August 15, 2016, the Defendant assaulted the victim in relation to the “D” restaurant located in Ansan-gu, where the victim E was found and before the victim E was found, the Defendant used the victim at the time when he was aware of the victim’s head bond.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements in the police interrogation protocol concerning E or F;

1. Application of Acts and subordinate statutes governing damaged parts and on-site photographs;

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. The defense counsel's assertion of defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order argues that the defendant's act constitutes legitimate defense.

However, according to the evidence duly adopted and examined by this court, the defendant's act is first against the victim's attack, and at the same time an attack has the nature of the defensive act, and it does not constitute a legitimate defense.

Therefore, the defense counsel's assertion is not accepted.

The reason for sentencing - Partial mitigation of fines for the balanced sentencing with the victim who appears to have committed the first offence against the defendant