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(영문) 인천지방법원 부천지원 2017.05.12 2016고정1448

폭행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 14, 2016, around 07:00, the Defendant: (a) arrived at the destination of the victim D (E) on the front of the Dacheon-si; and (b) assaulted the victim’s her her m, her m, etc. at 4 to 5 times due to the vision in the course of paying the taxi fee; and (c) assaulted the victim with his her m, her m, etc. at the left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness D’s statutory statement legislation;

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;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. As to the assertion that there was no assault, the defendant and his/her defense counsel did not constitute an assault to the extent that the defendant did not consent to walk with the victim, and that the victim did not leave the victim's hand, thereby spreading it to him/her.

The argument is asserted.

In light of the fact that the Defendant could have been under the influence of alcohol at the time of committing the instant crime, it is sufficiently recognized that the Defendant used to assault the victim as stated in the criminal facts.

Therefore, we cannot accept this part of the defendant and his defense counsel.

2. The defendant and his defense counsel asserted that the defendant's defense of a political party or the assertion of a justifiable act constituted a legitimate defense or a legitimate act, since the defendant's blicking of the victim's flicking of the victim's flicking of the victim's

The judgment on this issue is based on the following: ① the victim did not harm the defendant, but the defendant tried to get off the taxi and thereby prevented the defendant from getting off the taxi; ② the defendant does not simply spread the defendant's arms.