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(영문) 의정부지방법원 2020.05.14 2019고정1620
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 26, 2019, around 20:22, the Defendant: (a) was placed in the front of the “C”, which was located in the House B, and assaulted the victim D’s head debt.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. On-site CCTV (on-site CCTV), the defendant asserts that his act constitutes self-defense or a legitimate act. However, in light of the circumstances and contents of the crime of this case acknowledged by evidence duly adopted and investigated by the court, in the case where the defendant and the victim are fighting as well as the crime of this case, it is difficult to view that the act of attack and defense was conducted since the act of attack and defense was conducted consecutively and the act of defense was conducted simultaneously and the act of defense was in the nature of both the act of attack and it constituted self-defense or legitimate act. Accordingly, the defendant's assertion is without merit

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

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