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(영문) 서울중앙지방법원 2016.06.23 2016고정1210

폭행

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On December 21, 2015, at around 14:08, the Defendant assaulted the body of the victim during the dispute between the victim D (n, 54 years of age) and money at the first floor of the C cafeteria located in Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. CCTV CDs (the Defendant is merely a fluence in the process of the victim’s first smuggling, and thus, constitutes a legitimate defense. However, considering the background of the crime and the attitude of the act, etc. acknowledged by each evidence of the judgment, the Defendant’s act appears not to be merely a defense act but to go against an attack, and thus, the above assertion is not acceptable).

Application of Statutes

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)

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;