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(영문) 수원지방법원 평택지원 2016.07.29 2016고정281
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person who works as a quality leader in C company, and the victim D (45) is a production worker in the same company.

On January 8, 2016, at around 19:05, the Defendant assaulted the victim’s chest part of his/her chest with the victim’s face knife, while leaving his/her office, with both the victim and the victim’s face knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to police investigation reports (to hear statements by telephone);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel asserted that the defendant's act stated in the above facts constituting a passive act of defense and thus the illegality is excluded.

In light of the aforementioned evidence and the Defendant’s assertion, it is difficult to view that the Defendant’s act was merely a passive defensive act and is reasonable to the extent permitted in light of social norms, even in full view of the background leading up to the instant case, the relationship between the Defendant and the victim, the place and time of the case, etc.

Therefore, the defendant and his defense counsel cannot be accepted.

It is so decided as per Disposition for the above reasons.

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