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(영문) 서울서부지방법원 2017.08.25 2017고정517
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 2, 2016, at around 13:35, the Defendant: (a) driven a vehicle in front of Eunpyeong-gu Seoul Metropolitan City, and walked there; (b) divided the horn into the victim D (76 years of age) who did not turn on the road; (c) during the dispute with the victim, the Defendant committed an assault by cutting down and pushed down the victim’s bat.

Summary of Evidence

1. Application of the witness D’s statutory statement legislation;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order only one time in the sense that the defendant and his defense counsel only used the victim's shoulder to be true during the victim's assaulting her chest, and there was no violence against the victim, and such act occurred in the course of avoiding the victim's attack behavior constitutes legitimate act or legitimate defense.

However, according to the above evidence, it is difficult to view that the defendant's act constitutes a legitimate defense or a legitimate act in light of the following: (a) the fact that the defendant committed the act of assault as stated in its reasoning; and (b) the circumstances and contents of assault and the situation at

Therefore, the defendant and his defense counsel's assertion cannot be accepted.

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