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(영문) 제주지방법원 2018.02.22 2017고정268

폭행

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 16, 2016, at around 14:30 on June 16, 2016, the Defendant appears to be a victim C (56 years) and parking problem in front of the apartment house of the Defendant in Jeju Island, and “the death shall be discarded.”

"Along with a large amount of care, I expressed the attitude of harming the victim's life and body, such as drinking near the victim's face, etc.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police against D;

1. 112 Report processing statement of the case (the Defendant alleged that he was drinking to the victim for defense while being assaulted by the victim. However, according to the evidence of the judgment, it can be recognized that the Defendant committed a threat to the victim by taking a bath with the victim while being challenged with the victim. Thus, it is difficult to view the Defendant’s act as a legitimate defense or legitimate act because it is merely a fact that the Defendant committed a threat to the victim by taking a bath with the victim.)

Application of Statutes

1. Article 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of the ground for sentencing under Article 334(1) of the Criminal Procedure Act, including the degree of exercising the instant tangible force, and the fact that the victim was a criminal act while disputing the victim