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(영문) 서울서부지방법원 2016.04.28 2015고정1685
폭행
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant and the victim D(64) are between each other.

On June 8, 2015, the Defendant assaulted the victim’s face at one time by using a false case, such as forgery of private documents on inheritance relations, at the Seoul Mapo-gu Seoul Mapo-gu Office, Seoul Western District Public Prosecutor’s Office 914, which was being examined together with the victim, and was in possession of the victim’s face at one time.

Summary of Evidence

1. Legal statement of the witness D;

1. According to the investigation report (a witness's counter investigation and E's statement part) (the evidence above, it is recognized that the defendant prices the victim's face who saw the victim's finger while sitting in his/her direction with his/her bath while taking a bath with him/her, and then saw the victim's face with his/her view to putting him/her back.

On the other hand, although the defendant and his defense counsel asserted the above act as a legitimate defense, considering all the circumstances such as the degree of the violence committed by the defendant, the motive and circumstance of the assault, and the situation before and after the crime of this case, it cannot be deemed that the defendant's act was merely a defensive act to avoid the harm of the victim in the course of dispute with the victim.

Defendant’s assertion is rejected

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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