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(영문) 수원지방법원 안양지원 2019.08.09 2019고정171

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

1. On October 2017, the Defendant: (a) committed assault against the victim by pushing the Victim’s Ba (hereinafter “Woman”), who was the victim of B apartment C in the former B apartment C (hereinafter “Woman”) in order to purchase the arms; and (b) assaulting the Victim’s Ba.

2. On March 10, 2018, the Defendant assaulted the victim by having the victim go beyond the floor by setting up his body against the victim’s act during the time when the victim was in time with the victim, as a matter of raising the victim’s child in turn at the place specified in the preceding paragraph.

3. At around 08:00 on May 8, 2018, the Defendant, at the place indicated in the preceding paragraph, committed assault against the victim by setting aside the Defendant’s cell phone recorded in the fighting match process from the victim during the time of fighting with his/her child as a matter of eating his/her child.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Recording records;

1. The defendant and his defense counsel asserted that the act in paragraph (1) of the ruling constitutes self-defense or legitimate act to escape from violence of the victim, and the act in paragraph (3) of the ruling constitutes self-defense or legitimate act to prevent the victim from possessing his/her mobile phone in the room where CCTV is installed and constitutes self-defense or legitimate act to find a mobile phone. However, in full view of the developments leading up to each act acknowledged by the evidence in the ruling, circumstances before and after the act, etc., it cannot be deemed that the defendant's act constitutes a legitimate act to defend the present unfair infringement or that does not violate social rules. Accordingly, the above argument is rejected).

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;