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(영문) 서울서부지방법원 2016.02.18 2015고정982

폭행

Text

Defendant shall be punished by a fine of KRW 1,700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 21:20 on April 15, 2013, the Defendant discovered that the Defendant smoked in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and found the victim D (n, 20 years of age) from smoking, and she saw that “I am w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w s

around 21:12 on May 31, 2013, the Defendant 2015, Seomun-gu Seoul, Seodaemun-gu, Seoul, for the reason that the victim E (n, 22 years of age) was smoking a cigarette, and then, “I wish to sing to sing to sing off the night.”

“Along with the desire to take the victim’s hand, and assaulted the victim by taking the brush and taking the brut, etc. into force.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Violence photographs (the defendant and his defense counsel found the facts of assaulting the victims as stated in the judgment of the defendant, and the defendant's act does not constitute legitimate defense in light of the following: (a) the victim D's price of the defendant's reputation and pushed the victim D's chest to avoid this; (b) the victim E was merely taken the victim's fingers to avoid avoiding this near the defendant's face; (c) the crime was denied; (d) the witness D and E's consistent statements were consistent; and (e) the defendant's act does not constitute legitimate defense in light of the circumstances surrounding the dispute, the contents of the defendant's act, etc.

Application of Statutes

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;