beta
(영문) 수원지방법원 2020.08.27 2020고단2900

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 24, 2019, around 08:50 on October 24, 2019, the Defendant used both arms of the victim D (D, inns, 28 years of age, the Republic of Korea nationality of the Philippines) who was found in the head of Suwon-si, Suwon-si, the Defendant’s residence, and used both arms of the victim and assaulted the victim by pushing the victim under the rewing framework.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the police against D (the defendant's act was recognized as one of his own act, and the victim was committed with a deadly weapon and defensive act for the purpose of defending the victim by carrying it with a deadly weapon, and therefore, it constitutes self-defense. However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the defendant was faced with the rewing frame by pushing the victim during the dispute with the victim, and the defendant got out of the kitchen with the kitchen knife and the room closed by the defendant several times, and there is no evidence to prove that the victim had exercised the force of force against the defendant at the time when the defendant pushed out the victim, or before the time when the defendant pushed out the victim, it is difficult to view the defendant's act to constitute self-defense as self-defense or passive resistance to defend the victim against unjust infringement of legal interests. The above argument cannot be accepted.)

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (the fact that there has been no history of criminal punishment for not less than 20 years, the fact that the defendant's act itself is recognized and against his judgment, the fact that there are circumstances that can be considered as being closely involved in any accident among his wife and any dispute, and that there are subsequent circumstances to consider the victim's act, etc.);