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(영문) 춘천지방법원 2018.06.12 2017고단1401

특수폭행

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 1, 2017, the Defendant, at around 14:50, committed assault against the victim by carrying dangerous things, such as making the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of suspects of E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on site mobilization of violent incidents;

1. Relevant Article of the Criminal Act, Articles 261 and 260(1) of the Criminal Act regarding criminal facts, the choice of fines (in the process of victim and vision, the defendant is highly likely to commit an act, regardless of whether he/she is able to do so in the process of victim and vision).

However, as the defendant suffered violence from the victim, it seems that the defendant and the victim agreed at the time of investigation, the victim wanted to have the defendant's wife, the degree of damage caused by this case is relatively minor, the defendant's act of assault by the defendant was committed once, the defendant's age, environment, health condition, circumstances after the crime, etc., and the sentencing conditions should be comprehensively taken into account.

The amount of fine shall be determined by the defendant in consideration of the fact that the defendant committed the act of this case during the same repeated offense period.

1. The defendant asserts that his act constitutes a legitimate defense under Article 21(3) of the Criminal Act, on the ground that his act constitutes a legitimate defense under Article 70(1) and Article 69(2) of the Criminal Act, inasmuch as the act of the defendant resulted in this case due to fear and interest in an uneasy state where he is subject to prior aid from the injured party.

According to evidence, the defendant and the victim use the main body, which is a dangerous object as stated in the judgment, in the process of vision between the defendant and the victim.