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(영문) 춘천지방법원 원주지원 2016.09.26 2016고정136

폭행

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On February 3, 2016, the Defendant: (a) around 11:30, 2016, 2477, benz prime service center, and C was at the street before the benz prime service center, thereby endangering C’s vehicle and taking a bath.

C For the above reasons, assaulted the Defendant’s chest by hand.

Defendant assaulted against the above C’s assault to take the face of drinking C once, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each photograph;

1. Application of CCTV Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act applicable to the relevant criminal facts and Article 260 of the choice of punishment: Selection of a fine;

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse

1. The defendant or his/her defense counsel has not taken custody of the victim's face;

It is true that the defendant committed an act outside a part of the victim, or it is to oppose the assault of the victim, and it is not illegal because it constitutes a legitimate defense.

2. According to the evidence revealed earlier, the Defendant’s act was committed, including the intent of attack, in light of the following: (a) the victim’s face at one time as indicated in the facts constituting the crime in the judgment; and (b) the circumstance leading up to the instant crime, the form of the act of assault, and the degree of the assault; and (c) the Defendant’s act was committed in excess of the act of attacking his body

Therefore, the defendant's act cannot be viewed as a legitimate defense.

Defendant

We cannot accept the assertion of defense counsel.