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(영문) 창원지방법원 거창지원 2017.07.07 2017고정27

폭행

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On November 10, 2016, the Defendant: (a) committed an assault against the victim on the ground that the Victim C (50) was satisfling while she satisfling at the office of the central library of the Western-ro 308, Seonam Development-gun, and that he was satfling with the victim while she satisfing at his bath; and (b) assaulted the victim by batfing the bat of the victim’s batf.

Summary of Evidence

1. Protocols of examination of witnesses C;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to Complaints, CD analysis);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under the main sentence of Article 186 (1) of the Criminal Procedure Act that the defendant's act constitutes a legitimate defense, since the defendant's act constitutes a passive resistance and cannot be seen as a legitimate defense, according to each evidence of the judgment, since the defendant's act cannot be seen as a passive resistance, and thus the defendant and his defense counsel's assertion shall not be accepted.