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(영문) 대구지방법원 상주지원 2016.04.26 2016고정4

폭행

Text

1. The sentence against Defendant B shall be suspended;

2. The public prosecution against Defendant A is dismissed.

Reasons

Defendant B, at around 17:40 on October 17, 2015, 201, parked in the front of the Hocheon-gun G, Gyeongcheon-gun, Gyeongcheon-gun, G, and on the ground that he parked in the front of the above top run by the victim A (n, 68 years of age), Defendant B suffered an assault against the victim who was in a horse dispute with the victim, and suffered an injury, such as the mouth of the body of the head of the river, which requires a medical treatment for about 35 days for the victim by taking the hand of the victim.

Summary of Evidence

1. Part of the protocol concerning the interrogation of the suspect against the defendant B

1. A protocol concerning the examination of suspect of each police officer;

1. In light of the above evidence: (a) internal investigation report (a) and investigation report (including the attachment of agricultural CCTV images and photographs attached thereto), and (b) the application of the law in light of the following: (a) Defendant B and the victim used the arms of Defendant B for the purpose of parking problems; and (b) Defendant B’s use of the arms of the victim was found to have been pushed down and pushed down by the victim; and (c) the developments leading up to the vision and the degree of damage, etc., Defendant B’s use of the arms cannot be deemed as a passive defense, and thus, it does not constitute a legitimate defense).

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. The part dismissing the prosecution under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 12, 2016) (see, 201; 201Da1448, Apr. 12, 201

1. The summary of the facts charged was assaulted against the victim who was parked in front of the above commercial conference operated by the victim B(the age of 36) at the time and place as indicated in the judgment, on the ground that the victim B(the age of 36) was parked.

2. The facts charged against Defendant A are the crimes falling under Article 260(1) of the Criminal Act, which are the crimes specified by Article 260(3) of the Criminal Act.