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(영문) 광주지방법원 2018.11.15 2018고정417

폭행

Text

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

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

Reasons

Punishment of the crime

On July 9, 2017, around 09:15, at the entrance of the parking lot adjacent to the Seodaemun-gu Seoul metropolitan area, the Defendant assaulted the Defendant, on the ground that the Defendant parked in his own parking lot, such as the victim E (53 tax) where the Defendant was faced with a stone with a stone string the Defendant’s left side of the victim’s hand, and the Defendant was fluoring the victim’s left side with a stone straw with a stone stick, and pushed the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Partial statement of witness E;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Second-time suspect examination protocol with respect to F;

1. A medical certificate (net 39);

1. Application of statutes on images of field photographs and field video CDs;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is merely a passive resistance that the defendant's act constitutes a legitimate defense, since it is merely a passive resistance that the defendant's act committed in the course of the victim's unlawful bodily injury

Unless there are special circumstances, such as: (a) the act of attack and defense has been committed by a person who conducts an ordinary attack and defense at the same time; and (b) the act of attack and defense has the nature of both areas, which are the act of attack; (c) even if they appear to be fighting, in fact, one party unilaterally commits an illegal attack and the other party exercised force as a means of resistance to protect himself/herself from such attack and to escape therefrom; and (d) the other party’s act is a legitimate act to defend himself/herself by causing only the act of either party.

(1) In light of the above legal principle, the Defendant’s crime is established based on the evidence duly adopted and investigated by this court, and the background leading up to the crime.