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(영문) 서울남부지방법원 2016.08.18 2016고단1176
폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2015, the Defendant: (a) around 10:00 on December 30, 2015, at the direction of Gangseo-gu Seoul Metropolitan Government, the board of directors of the victim D (n, 49 years of age) and the board of directors have prevented the front of his gate.

In doing so, while making a dispute with the victim, the victim expressed his/her desire to "Sule h.", and assaulted the victim by putting him/her over bather with father and fating his/her chest.

Summary of Evidence

1. Each legal statement of witness D and E;

1. A protocol concerning suspect interrogation of D;

1. Application of Acts and subordinate statutes of D's photographic and written diagnosis of injury (D);

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's assertion of legitimate defense by Defendant 62-2 under Article 62-2 of the Social Service Order Criminal Act asserts that the victim was faced with his/her own fluor, and this constitutes a legitimate defense. However, according to the above evidence, the defendant's act cannot be viewed as a legitimate defense, and thus, the defendant's act cannot be viewed as constituting a legitimate defense. Thus, the defendant's assertion cannot be accepted. The defendant's act cannot be viewed as a legitimate defense.

The reason for sentencing was that the defendant committed several times before the crime of violence, but he was committed an assault harming the victim who was not good between the victim and the victim who was in the course of making the trial expenses.

Nevertheless, there is no way to deny the crime and to reflect it at all in this court.

In addition, the defendant exceeds a fine.

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