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(영문) 수원지방법원 안산지원 2016.03.24 2016고정33

폭행

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On September 12, 2015, around 03:40 on September 12, 2015, the Defendant committed assault against the victim, such as the victim’s head, knifeing on the floor, knife the victim’s head, knife the victim’s head, and knife on the floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes stating in the protocol concerning the interrogation of suspect C by the police;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. As to the Defendant’s assertion of Article 186(1) main text of the Criminal Procedure Act, the Defendant asserted that the Defendant unilaterally committed an assault from C and committed an act as stated in its reasoning at the defense level, which constitutes a legitimate defense. However, in light of the circumstance and degree of the assault, the Defendant’s act is not for the purpose of defending the Defendant’s unfair attack, but for the purpose of defending the Defendant’s trade name, and it cannot be viewed as a legitimate defense. Thus, the Defendant’s assertion is rejected.

It is so decided as per Disposition for the above reasons.