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(영문) 수원지방법원 안양지원 2017.08.25 2017고정241
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, on December 9, 2016, at the “D” parking lot located in Ansan-si, the Gu around 01:07, for the reason that he/she passed the destination, does not charge the victim E (51 tax) with this agency fee.

In other words, while she has been in a dispute with the victim, she has assaulted the victim by pushing the victim with his/her bad hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on CCTV images and CCTV images CDs to the CCTV screen;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel asserted that the defendant's act constitutes a legitimate defense or a legitimate act, since the defendant and his defense counsel defended against the defendant's attempt to see the defendant.

However, in light of the circumstances and contents of the Defendant’s assault, which can be recognized by the evidence duly examined by this court, the Defendant’s act constitutes an active attack, not merely a defense act against the other party’s unlawful attack, but also constitutes an active attack. As such, the means and method cannot be seen as reasonable defense or legitimate act.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

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