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(영문) 대구지방법원 경주지원 2016.10.26 2016고정138

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant and C were students of the racing University, and the students of the racing University were in line with each other.

C around 13:00 on October 20, 2015, around 13:00, the defendant, who was not well grounded in D Teaching room at the K those University D's University D's University D's University D' that he was self, was slicking and slicking, was at the time of the defendant's face every time, followed the defendant who was leaving the lecture room, and led the defendant to move out of the lecture room, and was at three parts of the back head of the defendant.

Under the above circumstances, the Defendant committed assault, such as: (a) considering that C was able to grow up with a lar and walked with a larlar; and (b) pushing ahead of C’s chest part.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C’s legal statement [the above assertion by the defendant and his defense counsel is without merit, although the defendant alleged that his act constitutes a justifiable act by responding to the violence of C, the materials recorded in the record alone cannot be assessed as a justifiable act, and it is difficult to judge them as a justifiable act

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

1. Penalty of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act provides that the suspended sentence shall be imposed only once in consideration of the following: (a) although the defendant denies the facts charged and did not receive the written indictment of the victim; (b) the defendant acknowledges the fact that the defendant does not cause any fluorent work; and (c) there is no criminal power against the defendant; and (d) the defendant has committed an assault against the victim in the course of avoiding the situation in which the defendant who was assaulted by the victim was involved