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(영문) 서울남부지방법원 2017.02.08 2016고정433

폭행등

Text

Defendant

A shall be punished by a fine of KRW 700,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On March 21, 2015, at around 08:30 on March 21, 2015, Defendant A, at the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government F 502, the Defendant resisted that, due to G’s behavior, the Defendant had the Defendant her husband and wife fightd with his husband and wife, and that, in response to the purport that “the victim would not speak without permission to her wife,” the Defendant used the victim’s head on the chest part of her chest, sealed the victim’s hair, sealed the victim’s part by hand, and assaulted the victim.

2. Defendant B, at the date and time, at the place specified in the above paragraph (1) above, committed an assault against the victim A (or 47 years of age) with the victim’s horse or dispute as above, the victim’s neck was sealed by hand, with the victim’s left arms, and assaulted the victim.

Summary of Evidence

[Defendant A]

1. Partial statement of the defendant;

1. The witness B and G’s respective legal statements [the Defendant and his defense counsel asserted to the effect that “the act of harming the victim’s part during the violence is the act of defending the victim’s assault, and thus, it is justified as a legitimate defense.” However, the following circumstances acknowledged by the evidence of the judgment are as follows: (a) the Defendant’s act does not constitute a legitimate defense, and thus, the Defendant and his defense counsel’s assertion is not acceptable on the grounds that the Defendant’s act does not constitute a legitimate defense inasmuch as the Defendant’s act does not constitute a legitimate defense.”

1. Partial statement of the defendant;

1. Each legal statement of a witness A and H;

1. 112 Responses to verification of reported facts;

1. Application of three Acts and subordinate statutes to photographs; and

1. Defendants: Article 260(1) of the Criminal Act and Articles 260(1) and 260(2) of the Criminal Act concerning criminal facts

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act (the insult of the facts charged against Defendant A) of the Criminal Procedure Act;

1. The summary of this part of the facts charged is that the Defendant is F. of Gangseo-gu Seoul Metropolitan Government around April 13, 2015.