(영문) 서울북부지방법원 2019.09.20 2019고정620

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2019.09.20 2019고정620

폭행

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

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. On January 30, 2019, Defendant A, at around 19:30 on January 30, 2019, committed assault by Defendant A, on the part of his hand, on a day when the service was not good at the time when the service was set to the victim B, who is the her mother employee, in the Gangnam-gu Seoul Metropolitan Government, for a single hand, with the victim’s neck.

2. Defendant B, at the time and place indicated in paragraph (1), set up a victim’s assault against the victim A, pushed the victim’s hand, pushed the victim’s hand, followed by cutting down the breath, and boomed the victim’s breath to the near parking lot, and boomed the victim’s breath to the bottom by cutting down the boom.

Summary of Evidence

[Defendant A]

1. The defendant's legal statement (the third trial date);

1. The suspect interrogation protocol of the police as to B;

1. B written statements;

1. Investigation report (Submission of moving pictures), video CDs (Defendant B);

1. Partial statement of the defendant;

1. A suspect interrogation protocol of the police officer;

1. A written statement;

1. In light of the background, method, process, circumstances before and after the commission of the crime, etc., it is reasonable to deem that the Defendant’s assault was made including the intent of attack beyond passive defensive act in light of the following facts: (a) the act of attack and defense has been conducted throughout the course of the act of attack and defense; (b) the act of attack and the nature of the act of attack, as the act of attack was committed at the same time, it is difficult to view that the act of attack and defense was legitimate act for defense or self-defense by only one party’s act as legitimate act or self-defense, because it is difficult to view that the act of attack and defense was committed between the fighting parties; and (c) the act of attack and defense was committed between the fighting parties; and (d) the above argument is not accepted.)

1. Defendants of relevant legal provisions concerning criminal facts: Article 260(1) of the Criminal Act and the choice of fines

1. Defendants to be detained in a workhouse:

참조조문

-형법 제260조 제1항

유사 판례

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