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(영문) 광주지방법원목포지원 2020.11.05 2020고정28

폭행

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 10:00 on March 15, 2019, the Defendant assaulted the Defendant, i.e., the victim E (n.e., the victim E (n., the age of 42) who listens to the same class within the C-U.S. Class D class in Yong-gun, Yong-gun, Youngnam, without permission, transferred her own bank on her face to the victim's seat, and the victim was sexually abused the Defendant, i.e., the victim was fluoring her head kin., the victim's head kin.

Summary of Evidence

1. Partial statement of the defendant;

1. Complaints of the accused, the police protocol of the accused, and the police interrogation protocol;

1. Each police protocol of suspect suspect of the police against E, and each police protocol of the F/G;

1. The Defendant’s assertion in the written diagnosis of injury stated that “only the Defendant was an act to defend the victim’s assault” and argued to the effect that he was self-defense. However, according to the evidence submitted by the prosecutor, the Defendant’s allegation is not acceptable, since the method and degree of violence exercised by the Defendant was more than the degree of defensive act.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 of the Selection of Punishment;

1. Articles 70(1) and 69(2) of the Criminal Act for confinement in a workhouse (applicable to cases where a suspended sentence of imprisonment is invalidated or revoked);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considerations, such as the fact that the victim has induced a fighting, the damage inflicted by the defendant in a fighting match, and the degree of the assault inflicted by the defendant);