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(영문) 대전지방법원 서산지원 2017.12.07 2017고정259
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 28, 2017, the Defendant assaulted the victim by using 16 tons of a person who has suffered damage to the cirratium installed at the above construction site, on the ground that the victim C (son, 48 years of age) was transferred to the victim by using 16 tons of a cirr and cirr who has suffered damage to the cirratium installed at the above construction site on April 28, 2017.

Summary of Evidence

1. A protocol concerning the examination of suspects of the accused or C by the prosecution;

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. The act of a political party to defend against an attack by either party making an attack and a video photograph (the act of attack and defense between the persons who conduct the same fighting and the act of defense is called the act of a political party to defend against an attack by leaving only the act of either party in the nature of both sides, which are the act of attack at the same time;

It is difficult to view that the case constitutes a legitimate defense.

According to the above evidence, it is reasonable to view that the defendant received an attack first from the injured party and brought an attack against it.

He does not constitute a legitimate defense or excessive defense because he/she has the nature of an attack at the same time as a defensive act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 260 (1) of the Criminal Act selective punishment, and selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. 선고유예 형법 제 59조 제 1 항( 피해 자가 피고인의 멱살을 잡아 밀고, 주먹으로 얼굴을 때리고, 크레인에 붙어 있는 쇠붙이로 수차례 목을 치고, 발로 머리를 수차례 밞거나 차고, 운동화를 벗어 손에 들고 피고인의 머리를 때리는 등 폭행을 하였고, 피고인은 그 과정에서 저항하다가 판시 범죄사실과 같은 폭행을 한 것으로 보이는 점과 피고인의 나이, 성 행, 환경 등 제반 양형조건 참작)

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