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(영문) 전주지방법원 남원지원 2013.04.30 2013고정16

폭행

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 10:20 on October 8, 2012, the Defendant: (a) committed assault against the victim D(the age of 44) who was finding a natural mountain, along with the workplace club fee in Namwon-si, and went to a dispute with the victim who resisted it; (b) committed assault against the victim by using a baton with the victim’s mutual hand, fating the body, fating the victim’s bat with the victim’s hand, fating the victim’s bat with his hand; and (c) faton the victim’s bat

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Application of Acts and subordinate statutes to the police statement concerning G;

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

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

1. As to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act, the defendant alleged that the defendant's act constitutes a justifiable act as a passive resistance since the defendant was sealed by the victim to escape from his/her body by taking the head out of his/her body. However, according to the evidence of the judgment, the defendant's act constitutes a justifiable act as a justifiable act as a passive resistance. After that, the defendant and the victim were put to a trial by stopping the victim from entering his/her own body, the defendant and the victim were able to live in the breath and breath, and the defendant and the victim were able to find the fact that the defendant and the victim got out of the breath of the breath, but the victim got out of the breath of the breath, and even after the occurrence, the defendant continued to live in the breath and the breath of the breath until the victim's act was avoided. Thus, the defendant'