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(영문) 수원지방법원 2019.03.29 2018고정1810

폭행

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On September 12, 2018, at around 13:17, the Defendant: (a) committed a dispute with the victim D (the age of 40) and parking problems in the C store located in Osan-si B; and (b) committed assault with D's chests and necks in his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of statement of the police concerning D, and protocol of interrogation of the police;

1. Application of CCTV-related Acts and subordinate 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant's act constitutes self-defense inasmuch as the victim himself/herself was pushed down the victim in order to take breath and set up against the defendant's breath and pushedtle. In light of the circumstances acknowledged by the evidence of the case, the process and degree of dispute, the method of exercising the defendant's tangible power, etc., the defendant's act of this case at the same time constitutes a positive harmful act beyond the limit of passive defensive act, and it cannot be deemed that the defendant's act constitutes self-defense.