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(영문) 수원지방법원 2013.10.24 2013고정691

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and the victim C are married married couple.

At around 06:00 on November 17, 2012, the Defendant, at the 203 underground parking lot located in Suwon-si, Suwon-si, Suwon-si, the victim d apartment 203, cut off and damaged the liquid sports vehicle owned by the Defendant, and assaulted the victim, who was seated in the driver's seat of the victim, one time as his hand.

Summary of Evidence

1. C’s legal statement;

1. Application of CD’s film-related statutes;

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

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. The conviction of Article 59(1) of the Criminal Act (the suspended punishment: fine of 200,000 won) of the suspended sentence and the defendant and the defense counsel in the reason of sentencing reported the victim to damage the defendant's vehicle by allowing the victim to get out of the defendant's vehicle and thereby preventing the victim from putting his/her car into the window on the side of the driver's seat so that the victim could no longer display his/her mountain, and they did not assault the victim's shoulder, and even if the victim's shoulder, he/she was somewhat pushed down;

Even if it is alleged that the act constitutes self-defense or legitimate act, but according to the evidence of the judgment, the defendant's act is not deemed legitimate as self-defense or legitimate act. However, in light of these circumstances, it is recognized that the defendant's act constitutes self-defense.

Therefore, we cannot accept the above argument.

However, the degree of the assault of this case is very weak, and the victim damages the vehicle that the defendant gets on board due to provoking, thereby leading to the crime of this case, and all the records, including the fact that the defendant has no criminal record, are shown in the record.