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(영문) 수원지방법원 2018.01.18 2017고정2311

폭행

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a “C User” customer, and the victim D is a “C User” employee.

On May 14, 2017, the Defendant entered the “C User E” located on the wife population E and the “C User” located on the underground level 1st century at Chicago-si around 04:50 on May 14, 2017, and entered the victim D.

“The victim did not appear in the place,” and assaulted the victim D’s chest on the ground that the victim was satisd to the defective customer, “I return to the place,” and the victim was satisd by satising the chest in two hands, and bating the bat.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses of this court as to D;

1. Photographs of each damaged part;

1. Each investigation report (the defendant and his defense counsel asserted that the defendant's act constitutes a legitimate defense as an act to defend the victim's assault, but in light of the circumstances and details of the crime acknowledged by the evidence duly adopted and investigated by the court, the defendant is deemed to have committed an assault with the intent to attack the victim, and the defendant's act does not constitute a legitimate defense as an act to defend the victim's unfair infringement.

We do not accept the above argument.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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;