beta
(영문) 춘천지방법원 강릉지원 2018.06.26 2018고정57

폭행

Text

Defendant

A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On October 23, 2017, the Defendant: (a) 22:30 on the road in front of the “E” restaurant located in Gangseo-si, Gangnam-si; (b) 29 years of age on the part of the victim F (n, 29 years of age) expressed the victim’s head head debt on his her her her her her her her her husband; (c) her her son, who walked the victim’s head debt on the her her her her husband; and (d) her her her her her son, her her son, etc.,

2. Defendant A, at the time, at the time, at the place specified in paragraph 1, the victim F (n, 29 years of age) and one’s wife B, assaulted the victim F by taking the body of the victim F, due to the birth of the victim’s wife, and the victim G, who is the husband of the victim F, took the body of the victim F, and assaulted the victim G with both descendants, by taking the victim’s neck toward the victim F’s body.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each legal statement of witness F and G;

1. A report on investigation (Attachment of a medical certificate submitted by the victimF);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph of damaged body submitted by the victim);

1. Relevant Article 260(1) (Selection of Penalty) of the Criminal Act and Article 260(1) (Selection of Penalty): Defendant B: Article 257(1) (Selection of Penalty) of the Criminal Act;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: the Defendant and the defense counsel’s assertion regarding the Defendant A and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act asserted that the Defendant and the defense counsel asserted that the victim G continues to keep their head toward the Defendant’s chest and obstructed the Defendant’s clothes in order to ppuri, thereby constituting a legitimate defense.

In light of the records, the victim unilaterally committed an illegal attack in light of the developments and means of the instant case, the relationship between the Defendant and the victim and the circumstances at the time of the instant case.