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(영문) 서울서부지방법원 2020.03.11 2019고정684
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On May 23, 2019, the Defendant: (a) around 21:05, at the residence located in Eunpyeong-gu Seoul Metropolitan Government on May 23, 2019, carried out the details of credit card use to the victim C (n, 39 years old); (b) the victim did not answer any question; (c) plucked the shoulder of the victim, and plucked the victim.

Summary of Evidence

1. C’s legal statement;

1. The defendant and his defense counsel asserted that the defendant's act of assaulting the defendant's husband at the time of the case constitutes a self-defense or a legitimate act in light of the circumstance, method and degree of assault, etc. of this case, although the defendant's act of assaulting the victim's shoulder, was not against the self-defense or social rules, in order to prevent him from taking clothes out of the victim, and the victim did not commit any assault. However, according to the above evidence, the defendant's act of assaulting the victim's arms, plucking out of the victim's shoulder and pluping it, and the intention of assaulting it is acknowledged (the defendant and his defense counsel asserted that the defendant's act of assaulting the victim's wife at the time of the case was not contrary to the self-defense or social rules. However, in light of the circumstance, method and degree of assault, etc. of this case, the above act of assault by the defendant cannot be viewed as a legitimate act of self-defense or a legitimate act of violence.

[Attachment] Application of the statute

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged was around 13:00 on May 11, 2019, when the Defendant dialogueed with the victim C due to a toilet sewage station problem at the residence located in Eunpyeong-gu Seoul Metropolitan Government on the part of May 11, 2019, the Defendant used the victim to check the victim on the day of the Defendant, and assaulted the victim by putting the head debt of the victim.

2. The above facts charged are determined.

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