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(영문) 대구지방법원 의성지원 2017.05.11 2016고정108

폭행

Text

A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 13, 2015, around 19:30 on October 13, 2015, the Defendant used the victim's head debt and assaulted the victim's head hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D (the defendant and his defense counsel does not have any fact of the defendant's head debt of the victim, and such fact exists even if the defendant had no head debt of the victim;

It argues that it is a legitimate defense because it is aimed to escape from the assault of the victim.

On the other hand, the following circumstances, i.e., ① there was a dispute between the defendant and the victim who had no such fact, which is suspected of the inappropriate relationship between the victim and the defendant living together before committing the crime of this case, and ② The victim began fighting with one another without consistently raising the defendant and the victim from the investigative agency to this court, and there was a fact that the defendant was suffering from the victim's head.

In light of the fact that the testimony of E, a witness, is consistent with the above statements of the victim, and the victim stated the facts of his/her own attack together with the victim's statement, and credibility is shown in the above statements of the victim, as long as the defendant proves that he/she was able to obtain the head of the victim's head and salke the victim's body, and the defendant assaulted the victim in the course of his/her body fighting as above, there is no reason

Therefore, we cannot accept the defendant's above assertion.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;