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(영문) 서울동부지방법원 2014.08.29 2014고정46

폭행

Text

Defendant

A shall be punished by a fine of KRW 300,000,000 and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On September 23, 2013, Defendant B: (a) around 21:00, the Defendant: (b) damaged the Defendant’s parking lot boundary; and (c) caused the victim to have a dispute with the victim by misunderstanding that the said victim damaged the Defendant’s parking lot boundary; (d) thereby, Defendant B assaulted the victim by breaking the victim’s breath with the breath and flap and flap with the victim at one time; and (e) caused the victim’s injury, such as the flapon in the treatment days.

2. Defendant A, at the time and place indicated in paragraph (1), committed an act that deemed the victim to be satisfed and satisfed by having the victim satisfed, and assaulted the victim.

Summary of Evidence

1. Statement made by the defendant A in the first trial record;

1. The witness F, G’s respective legal statements, and each part of the legal statements of the witness A and B (in the case of the witness A, the defendant B, and in the case of witness B, the defendant A);

1. Report on investigation;

1. A medical certificate of injury (No. 3) and a written opinion;

1. Application of the video CD recycling Act;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 260(1) of the Criminal Act; selection of fines

B. Defendant B: Articles 262 and 260(1) of the Criminal Act; selection of fines

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

1. Defendants of the provisional payment order: Determination on the assertion of Defendant B and the defense counsel of the above Defendant under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant did not drinking A, and there is no other fact that the Defendant saw A to escape from the situation surrounded by A, his spouse and three of them, and that A was pushed down with his hand floor to escape from it, and such act constitutes self-defense or legitimate act.

2. We examine the judgment, and examine the aforementioned evidence.