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(영문) 대전지방법원 2020.09.15 2018고정1065

폭행

Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On September 6, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for obstruction of performance of official duties, etc. by the Daejeon District Court, and the judgment became final and conclusive on September 14, 2018.

【Criminal Facts】

피고인은 2018. 5. 6. 20:20경 대전 대덕구 C에 있는 ‘D’ 앞을 지나가던 중, 위 편의점 내에서 라면을 먹고 있던 B에게 “왜 쳐다봐! 나한테 할 말 있냐!”라고 시비를 걸면서 손으로 피해자의 목 부분을 밀쳐 넘어뜨린 다음 팔로 목을 감아 조르고, 옆에 있던 위 B의 친구인 피해자 E(19세)가 피고인을 말리자 손으로 피해자의 뺨을 1회 때렸다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Previous convictions of the defendant's partial statement B and E's investigation report (investigation into reporter F's testimony) on damage photographs: Court rulings ( Daejeon District Court Decision 2018Ma894) and the application of the Act and subordinate statutes on the search of cases;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and the defense counsel’s assertion as to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act constitute self-defense, since the Defendant and the defense counsel merely committed an act of defense to escape from the act of assault from the act of assault, such as B and E.

2. The evidence revealed prior to the judgment reveals the following: (a) the Defendant first saw a trial fee to B and E, and saw B’s face; and (b) the Defendant’s face was taken by drinking, and (c) the Plaintiff was aware of the dispute between B and the Defendant; (b) the Defendant’s act is a harmful act and cannot be deemed as self-defense.

Therefore, the defendant and defense counsel are without merit.

The scope of applicable sentences under the law for sentencing: A fine not exceeding 2.5 million won;

2. Determination of sentence;