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(영문) 서울서부지방법원 2018.08.23 2017고정1598

폭행

Text

Defendant

A shall be punished by a fine of 300,000 won, and a fine of 500,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

To the extent that the facts charged against the Defendants do not disadvantage the Defendant’s exercise of the right to defense, some correction or correction was made according to facts obtained through the examination of changes in indictment.

1. On August 14, 2017, the Defendant assaulted Defendant A by means of making the victim go to the police station in the front train and spathing the bat of the victim’s spath and spath from the Han River Station under the Han River Station of Yongsan-gu Seoul, Yongsan-gu, Seoul at around 17:10, on the ground that the victim B (n, 35 years of age) followed his head to the cellular phone, and again went to the front train of No. 485, 105, the 1st head to the mobile phone of No. 485, 198, on the ground that the victim was refusing to go to go to the front train, on the ground that he did not go to the police station and did not go to the victim.

2. 피고인 B 피고인은 제 1 항 기재와 같이 피해자 A( 여, 47세) 의 폭행에 대항하여 휴대전화를 쥔 손으로 피해자의 얼굴, 머리, 왼쪽 어깨 등을 수회 내리쳐 폭행하였다.

Summary of Evidence

[Defendant A]

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. The photograph of the victim B [the defendant's act of assault as stated in the facts of the crime can be acknowledged according to the above evidence, and the degree of assault exceeds the extent that it does not violate the social norms, the defense counsel's legitimate act of assault cannot be accepted.]

[Defendant B]

1. Partial statement of the defendant;

1. Each legal statement of witness A and F;

1. A’s photograph on the part of the victim A [the evidence revealed above that the act of assault, such as the defendant’s statement on the facts constituting the crime against the victim, was committed as an active attack against the victim, not a passive defensive act;

Since the defendant and the defense counsel can be determined by a person, the legitimate defense argument cannot be accepted.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;