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(영문) 광주지방법원 순천지원 2018.02.28 2017고정7

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 October 15, 2016, at around 12:45, the Defendant used the victim E (47 years) to receive money from the female living together with the Defendant for five years at the victim E (47 years old) in front of the D restaurant located in Bosung-gun C, the Defendant assaulted the victim, such as fating the fat of the victim’s fat, with her hand, at the victim’s abnormal fatch.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to the investigation report (No. 5 No. 5 of the evidence list);

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 the defense counsel’s argument regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order are asserted to the effect that the Defendant’s act constitutes a legitimate defense or legitimate act, inasmuch as the victim’s head was first sealed to remove the victim’s head from the Defendant’s chest, and the victim continuously resisted about the Defendant’s bullying that is a de facto spouse, and the Defendant’s spouse’s de facto marriage.

First, in full view of the above evidence, the victim has continuously been bullying or the victim has been suffering from the victim's chest prior to the defendant's crime.

was believed to have been

It is difficult to see that the testimony by a witness G is difficult to be deemed to be in good faith in light of the relationship with the defendant, or the relationship with the victim, etc. Furthermore, one victim collected money that he/she lent to G and sought to a restaurant operated by the defendant and the mother of G.

Even if considering all the circumstances such as the motive and background leading up to the instant crime, the method and degree of the assault committed by the Defendant to the victim, the result of the act, the intent of the Defendant at the time of the instant case, the instant crime was deemed to have exceeded the limit of passive defensive act and considerable in light of social norms.

It is difficult to see it.

In addition, the act of the defendant is social norms.