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(영문) 수원지방법원 안양지원 2017.09.01 2017고정329

폭행

Text

Defendant

A A shall be punished by a fine of one million won, and by a fine of five hundred thousand won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On July 27, 2016, Defendant B, on the street in front of the E convenience store located in Ansan-gu, Annyang-si, Annyang-si, Annyang-si, the Defendant: (a) committed assault against the Defendant; (b) took the victim’s face once by going beyond the Defendant; (c) took the victim’s face once by drinking; and (d) took the victim’s clothes one time by walking the victim’s clothes.

2. On July 27, 2016, Defendant A tried to compromise the Defendant’s friendship B and the Victim F, who was assaulted in the South-west market located at a distance of 51 a.m. 140, a 51 p.m. within the Mandong-gu, Annyang-si, Annyang-si, Annyang-si, Annyang-si, and the Defendant committed assault against the Defendant. However, the victim, etc., who refused to compromise and was able to take a bath, was walking once again by the outbreak of the victim, etc.

Summary of Evidence

1. The defendant B's partial statement

1. Legal statement of witness F;

1. Application of statutes on field CCTV data;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Article 260(1) of the Criminal Act; selection of fines

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

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

1. The Defendants: The Defendant and the defense counsel asserted the legitimate defense of the Defendant B and the defense counsel under Article 186(1) of the Criminal Procedure Act asserted that the illegality of the act in the judgment constitutes legitimate defense, since the Defendant prevented the Defendant from causing violence again against the victimized party, which constitutes a legitimate defense.

According to the evidence duly adopted and examined by this court, the defendant is aware of the fact that the injured person was trying to have his/her body when the injured person was assaulted by the injured person at the time, and the face of the injured person was taken one time by drinking more than the injured person intending to occur, and the victim's face was taken one time by drinking, and the victim's body was walking one time after walking.

On the other hand, the defendant's act is to the extent of passive defense.