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(영문) 인천지방법원 2015.11.27 2015고정2340
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On May 27, 2015, at around 21:14, the Defendant: (a) committed assault against the victims when the Victim D (F229), operated by Bupyeong-gu Incheon, Bupyeong-gu C, Incheon (F29) and E (F229), sealed the Defendant; (b) displayed the Defendant’s head head debt; and (c) continuously sealed the Defendant’s head debt; (d) the Victim E (F39 years old), s head debt of the Victim E was sleeped; and (e) when the Victim D’s face was taken as drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Partial statement of the police interrogation protocol of the accused;

1. CCTV images (10 pages, 66 pages);

1. Efaging a video and cutting a CCTV image;

1. The photograph of the damaged part [the defendant and his defense counsel asserted that the defendant was the victim's head at the time of the instant case, but the defendant's main defense act to escape from the victim's violence constitutes self-defense. However, in full view of the evidence at the time, the fact that the victim was assaulted as stated in the facts of the crime can be acknowledged, and the defendant's above act cannot be deemed as satisfying the requirements of self-defense, and thus, the above assertion is rejected] law shall not

1. Article 260 (1) of the Criminal Act applicable to the crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. It is so decided as per Disposition on the grounds of the main sentence of Article 186(1) of the Criminal Procedure Act or above.

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