logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.06.13 2018고정1262
폭행등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

1. On May 1, 2017, the Defendant assaulted the victim on May 1, 2017, at around 11:00, at the house where the Defendant was living in Gangnam-gu Seoul, Gangnam-gu, Seoul. Around May 1, 2017, the Defendant, who was living in his/her mother’s name, stolen a charter contract under his/her name, a periodical deposit passbook, etc., and who was living together with his/her birth (56 years of age).

2. On August 6, 2017, the dismissal of prosecution was decided on May 9, 2019 upon the prosecutor’s revocation of the prosecution.

On August 6, 2017, around 10:30 on August 10, 2017, the Defendant asserted with the victim C for the same reason as that of paragraph (1). The Defendant assaulted the victim by putting in his/her hand his/her breath with the breath, and asking his/her arms.

Summary of Evidence

1. Statement made by C by a witness in the fourth trial records, and statement made by D by a witness in the fifth trial records;

1. Application of the police interrogation protocol of C and E to each police interrogation protocol;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant was only the victim C with assault, and did not assault the victim.

In relation to the crime of Paragraph 2 of the crime in the holding, since the defendant's doorping of the victim C is true, or the victim C attempted to escape from it because it is impossible for the victim C to fleep and sat down the flick with flick and sat down the flick, it is justified as a flick defense to defend the current unfair infringement.

2. Determination

A. The victim C appeared as a witness on the fourth trial date and testified to the effect that the defendant and his father met each other in the course of dispute over several times due to the conflict between the defendant and his father E. In particular, the date and time of the crime No. 1 in the judgment of the court below is D, not only the defendant and the victim, and E.

arrow