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(영문) 서울동부지방법원 2018.04.20 2017고정1068

폭행

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

around 21:10 on February 12, 2017, the Defendant committed assault by taking the victim’s face into consideration on the hand floor on the ground that the Defendant, who is intending to catch and tow the Defendant’s fat on the front of Gangdong-gu Seoul, Gangdong-gu, Seoul, and on the road, the Defendant’s fating of d’, a one-way fat, was said to have been said to have been said.

Summary of Evidence

1. Statement made by the witness E in the sixth public trial records;

1. A letter of arrest of a flagrant offender (the defendant and his defense counsel argued to the effect that the act of the defendant constitutes a legitimate defense or legitimate act, but considering all the circumstances, such as the background of the crime of this case and the method and degree of violence inflicted on the defendant by the victim, the crime of this case cannot be deemed as a legitimate defense or legitimate act, and the witness D's statement that seems consistent with the defendant's assertion is difficult to believe it as it is in light of the relation with the defendant

Therefore, the defendant and his defense counsel's assertion cannot be accepted.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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;