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(영문) 의정부지방법원 2018.06.14 2018고정107
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 December 12, 2016, around 01:05, the Defendant and the victim C committed an assault on the front road of Do Government City, on the grounds that the opening of the opening of the opening of the Defendant, which is operated by the victim C, is not immediately left, and on the ground that the opening of the opening of the opening of the Defendant, the Defendant committed an assault going beyond the floor after the victim C’s spath with spath and spath, and on the contrary, the victim C committed an assault by putting the face of the Defendant three times by drinking and spathing the head by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. C Legal statement;

1. The photograph, on-site photograph, and report of internal history of the victim;

1. References to inquiries, such as criminal history, and application of the Acts and subordinate statutes to confirm and report the result thereof;

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. As to the assertion of the Defendant and his defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, the Defendant and his defense counsel asserted that even though the Defendant had flabed the bat of the victim, there was no fact that he saw the victim’s bat with the bat, and the Defendant’s act constitutes legitimate defense against the victim’s assault and defense.

In other words, the victim, from the investigative agency to the court, had been in dispute due to the issue of an open article, and the defendant was able to live in a dub in the stairs, and the defendant was stroke in the dub, and was stroke in the dub.

이에 나도 피고인과 몸싸움을 하면서 주먹으로 피고인의 얼굴을 2회 가량 때렸더니 피고인이 나를 넘어뜨리고, 깔아뭉갰다” 라는 취지로 피고인으로부터 폭행을 당한 경위, 방법 등에 관하여 비교적...

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