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(영문) 인천지방법원 2016.07.07 2015고정3909
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 8, 2015, around 00:25, the Defendant assaulted the victim E (here, 33 years of age) by putting her head debt against the victim E from 503 dong-gu, Incheon, Seo-gu, Incheon, which is his/her own residence.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E (the defendant and his defense counsel did not have any violence against a victim within his house, and the family defendant has committed violence;

This argues that it constitutes a legitimate defense or legitimate act to oppose the assault of the victimized person.

However, according to the above evidence, it can be acknowledged that the defendant committed an assault against the victim as stated in the above facts of crime, and considering the background of the occurrence of the case and the circumstances at the time of the crime of this case, it cannot be deemed that the defendant's act satisfies the requirements for legitimate defense or legitimate act, and thus, the above argument by the defendant

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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