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(영문) 인천지방법원 2017.06.02 2017고정99

폭행등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On September 17, 2016, the Defendant: (a) committed assault and assaulting the flaps of the victim E (SP) by breaking the flaps, which was an unsatched issue in the DNA Vice Commissioner, the Vice Commissioner of the Bap, the Vice Commissioner of Gyeyang-gu, Incheon Gyeyang-gu, on the 17th day of September 17, 2016.

2. The victim interfered with the business of the third executive officer of the victim by force by blocking the course of the customer vehicle who tried to drive a car for about 20 minutes while moving the front of the victim E to the Defendant’s Flusent car operated by the victim E while engaging in a dispute over the said reasons at the temporary location as set forth in the above paragraph 1 of the same Article.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business), and the selection of fines, respectively, for the crime;

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;

1. The defense counsel's assertion of the defense counsel under the main text of Article 186 (1) of the Criminal Procedure Act that the defendant's assault is for the purpose of escaping from the threat of the victim and assault, and thus constitutes a legitimate defense. However, according to evidence duly adopted and investigated by the court, the defendant's assault cannot be deemed an act to defend himself/herself. Thus, the above assertion is without merit.