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(영문) 의정부지방법원 고양지원 2014.05.21 2014고정327
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 11, 2013, around 18:40, the Defendant, at the construction site of the 3rd floor of the D golf course C, having been engaged in a dispute with the victim E (58 years old) and the construction site as a matter of arranging garbage at the construction site of the 3rd floor of the 58th floor of the D golf course C in the Pakistan-si, Pakistan-si, the Defendant assaulted the victim by bating the victim's bat with his hand.

Summary of Evidence

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act is alleged to the effect that the Defendant’s act constituted self-defense or legitimate act, since the Defendant merely took off E to defend the defective act of attack, such as breathing, etc., and thus, constitutes self-defense or legitimate act. In light of the motive, circumstance, means and method of the instant crime, the result of damage, the relationship between the Defendant and the victim before and after the instant crime, and the degree of assault and assault, etc., the Defendant’s act is not deemed to be an act to defend against the current unfair infringement of the legal interests of himself or others, or a justifiable act that does not violate social rules.

It is so decided as per Disposition for the above reasons.

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