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(영문) 서울북부지방법원 2016.01.21 2015고정2454

폭행

Text

Defendant shall be punished by a fine not exceeding three hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On March 19, 2015, around 20:50 on March 19, 2015, the Defendant brought a dispute with the victim D due to the vehicle driving on the front of Seongbuk-gu Seoul Metropolitan Government Road.

The injured party was pushed down by his hand with the breath, and the accused used the breath in opposition against this, and assaulted the injured party by drawing breath by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the police interrogation protocol (including cross-examination);

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to a report on investigation (the relative investigation of a shote) and a report on investigation (Attachment of a photograph of the body of the suspect);

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)

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

1. The defendant and his defense counsel on the argument of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order Act asserted that the defendant's act constitutes a legitimate act by the defendant's act in the defense park because the defendant fats and fats the defendant's head.

In light of the degree of harm done by both parties recognized through a witness's statement, etc., the defendant's crime cannot be seen as meeting the requirements for a political party's defense or a political party's act. Thus, the above assertion is rejected.