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(영문) 서울북부지방법원 2017.11.09 2017고정483

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant and the victim C(73) are between the neighbor and the neighbor.

around 15:30 on October 5, 2016, the Defendant: (a) committed assault against the victim, such as spitation of the body part of the victim, spitation of the victim’s face, on the ground that the Defendant was discarded in front of the house of the damaged person, on the ground that the Defendant would be at sight with the victim on the ground that the Defendant’s extraction from dry field was discarded in front of the house of the damaged person; and (b) was committing an act, such as spitation of the victim’s body.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of CCTV image USB Acts and subordinate statutes at the time of the incident;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. Examining the CCTV images, etc. in determining the defense of a political party under Article 334(1) of the Criminal Procedure Act, the Defendant and the victim can only be confirmed only when the Defendant and the victim met each other, and it does not appear that the Defendant only passive defense against the victim by having a unilateral attack. Therefore, the Defendant’s legitimate defense assertion is rejected.