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(영문) 인천지방법원 2018.04.13 2017고정3053
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 October 14, 2017, at the entrance of the Yeonsu-gu Incheon Metropolitan City C building, the Defendant assaulted the victim's chest in order to refuse to demand compensation and to go against the victim's demand during the process of construction of the toilet drainage system, which occurred during the construction of the former victim D (61 tax, South Korea).

Summary of Evidence

1. Legal statement of the witness D;

1. Bluice stuffs images;

1. An investigation report (in the presence of a scene investigation), [The fact that according to the black stuff image that was taken by the situation at the time of the instant case, the Defendant, the victim is divided into the body of the victim and the victim was able to recognize the fact that the defective defendant prevented the victim by selling and pushed the victim, was pushed down his/her chest, and the victim was pushed down to the lower end.

Although the defendant asserts that it constitutes a legitimate defense or a justifiable act, according to the above evidence, the victim was only deemed to have ceased and ended with the defendant, and there was a situation in which the defendant committed any attack or threatened with the defendant.

It does not seem that it does not appear.

Therefore, we cannot accept the assertion of political party defense or legitimate act.

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;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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