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(영문) 전주지방법원 2015.01.30 2014고정863
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who runs a construction business, and was a witness of the victim D (the victim D) in civil procedure.

On November 21, 2013, around 16:30 on November 21, 2013, the Defendant appeared in the Seoul Southern District Court 313-1, the Seoul Southern District Court 313-1, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, as a witness of the other party to the lawsuit claiming the cost of goods that was initiated by the victim at the time, and subsequently completed the trial, and the Defendant used the victim, such as a defect of the victim’s statement that “if the victim is satisfying,” the victim satisfys, “this satch, dead

Summary of Evidence

1. Each legal statement of witness D, witness E, and witness F;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is a legitimate act in which the defendant did not assault the victim, and even if there was an assault, it is a passive act to defend himself/herself.

2. In light of the aforementioned facts, according to the evidence revealed by the summary of the evidence, criminal facts in the judgment are acknowledged. Considering the motive or circumstance leading to the Defendant’s assault in this case, and the method and degree of the Defendant’s assault against the victim, it is difficult to view that the Defendant’s assault in this case is passive resistance, and there is no other evidence to acknowledge it otherwise.

Therefore, the defendant and defense counsel's above assertion is not accepted.

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