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(영문) 수원지방법원 안산지원 2013.10.25 2013고정974
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

At around 13:00 on April 1, 2013, the Defendant assaulted the Victim E (the 35 years of age) and the Defendant’s breath with breath in the middle of the D warehouse located in Sinung-si, with the end of the dispute over the refund of air conditioners.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Police suspect interrogation protocol regarding E;

1. Application of the police protocol of statement to F;

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 to attract a workhouse;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant only met from E, and the defendant did not assault E, and even if he was found to have pushed the defendant E or flab, he had a legitimate defense against the unfair attack of E.

According to each of the above evidence, it is difficult to accept the above argument on the ground that the defendant was at the time engaged in a unilateral and unjustifiable attack from E, and it cannot be recognized that the defendant was at the time engaged in a ethic attack outside the warehouse of this case.

(The charge of this case against the defendant is about the body fighting occurring around the warehouse, and it is not about the fighting which occurred above the mountain, and it is not about the fighting which occurred after the fighting on the mountain. Therefore, it shall not be determined as to the fighting which occurred after

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