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(영문) 서울중앙지방법원 2018.08.14 2018고정661

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 2, 2017, around 00:30 on September 2, 2017, the Defendant used violence against the victim D (33 tax)’s assault in front of Gangnam-gu Seoul, and used D’s neck by hand, d’s spath and d’s spath, cut off the floor by cutting off the d’s spath with tight hand.

Summary of Evidence

1. A protocol concerning the examination of suspects of D;

1. A suspect's standing photograph;

1. Application of Acts and subordinate statutes concerning report on internal investigation;

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

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

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is asserting that even if the defendant did not assault the victim, it is merely a minimum defense act to escape from the situation where the victim is assaulting the defendant, even if it is acknowledged that the defendant did not assault the victim, it constitutes a legitimate defense.

According to the records, it is sufficiently recognized that the defendant committed an assault by smugglinging the victim and breathing, etc., and that the defendant committed such act as a minimum defense act.

As it cannot be seen, we cannot accept the legitimate defense argument of the defendant and his defense counsel.