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(영문) 울산지방법원 2019.06.25 2018고정969

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 June 26, 2018, around 09:30 on July 26, 2018, the Defendant: (a) expressed that the victim D(47 years of age) did not appear in mind at the “C Terminal” located in Nam-gu Seoul Metropolitan City B, Ulsan-gu; (b) assaulted the victim, such as committing 2-3 sponsing of the Defendant’s stack stuff.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. CCTV images [In light of the above evidence, it is reasonable to evaluate the Defendant’s act of assault as an exercise of force against the victim’s body, in light of the motive and degree of the Defendant’s act, in light of the following: (a) the Defendant and the victim caused fighting; and (b) the content and degree of the Defendant’s assault, etc., it appears that the Defendant and the victim committed an attack and defense during the course of fighting. Therefore, it is difficult to view that the Defendant’s act constitutes legitimate self-defense as an resistance to escape from a unilateral and unlawful attack by the victim solely because the Defendant’s act constitutes self-defense.]

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;