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(영문) 광주지방법원 순천지원 2017.02.16 2016고단1715
폭행
Text

Defendant

B shall be punished by a fine of 80,000 won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

The facts constituting an offense acknowledged by evidence have been revised ex officio and recognized, and the judgment of innocence is not to be rendered separately on part of the facts charged.

Defendant

B was an employee of E, and A was a customer of the above main office.

Defendant

B and A have come out of the above main point and came to have a dispute after they came to talk about more separately.

Defendant

B On February 13, 2016, around 03:55, around 03:05, from the head of the Sincheon-si, the victim's face side was taken over several times, and the number of days of treatment was 3 weeks of non-alleys needed.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Determination on Defendant B’s assertion under Article 334(1) of the Criminal Procedure Act

1. Defendant B asserts to the effect that the other party’s defense was a legitimate defense to defend himself/herself against the other party’s attack.

2. Determination: (a) a party first launched;

It is common that it is difficult to see that only one of the acts of the parties is a legitimate defense, because the attack and defense has been carried out repeatedly and the defensive act simultaneously takes the character of both the attack and defense.

In light of the aforementioned evidence, the Defendant and A, while fighting each other, committed an attack between them.

It is not considered that only one of the acts is a legitimate defense of a political party.

Therefore, we cannot accept the defendant's above assertion.

The reason for sentencing (defendant B) is the degree of injury suffered by Defendant A, the defendant's same records, and the defendant's attitude to recover the other party's damage after this case.

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