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(영문) 수원지방법원 2015.07.16 2015고정655
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 3, 2014, around 09:58, the Defendant committed assault, such as flabing flabing the victim C (years 64) and flabing the body of the victim, on the ground that the Defendant was unable to smoke in front of the Hanbaun apartment 901-dong, Hanbanam-dong 630, Young-gu, Young-gu.

Summary of Evidence

1. C’s legal statement;

1. Police suspect interrogation protocol regarding C;

1. Investigation report (on-siteCCTV analysis);

1. Apartment CCTV CDs;

1. Application of Acts and subordinate statutes to report on investigation (C Assault photographs and submission of photographs);

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, the defendant and his defense counsel did not use the force of the defendant at the time, such as breathing the victim's breath, and even if so, the defendant

This argues that this is not a crime of self-defense.

2. The credibility of the statement is recognized in light of the following: (a) the victim C’s statement is consistent and specific; (b) the victim’s statement is consistent and specific; (c) the victim’s statement is consistent with the content and details of the assault and violence claimed by the victim; and (d) the attitude of the victim’s statement in this

In addition, if the CCTV CD’s images recognized at the time when the situation was recorded, the Defendant attempted to keep the victim in body or with arms, and attempted to move to the victim continuously, and the physical ditches between the Defendant and the victim continued to have approximately 6 minutes (from 09:56:0 to 10:20,02:20) can be acknowledged as criminal facts in the judgment against the Defendant.

Furthermore, in full view of the details and method of the instant assault, the father and degree of the assault, and the situation at the time, etc., the Defendant’s act simply aims to escape from the other party’s unreasonable attack.

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