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(영문) 서울동부지방법원 2019.03.26 2018고정1265
폭행
Text

Defendant

A A shall be punished by a fine of KRW 500,000,000 and by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At around 02:50 on April 27, 2018, the Defendant and Defendant B jointly committed a crime: (a) around Enaart in front of Enaart in Gangdong-gu Seoul Metropolitan Government; (b) around 35 years of age and Si expenses; (c) upon his/her hand, he/she gets the victim’s face; or (d) damaged the victim’s knife; and (b) the Defendant towed or pushed the victim’s breath by hand.

As a result, the Defendant and C jointly inflicted an injury on the victim, such as the upper fresh, freshing, and fresh salt, which require approximately five weeks of medical treatment.

2. Defendant A, while making a trial expense with the date, time, place, C (35 years of age) etc. as stated in paragraph (1), the victim was flicked, but the victim was flicked, and the victim was flicked with her face while fighting.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement in the first trial record;

1. Each legal statement of witness C and B [Defendant B];

1. Defendant B’s statement in the first trial record;

1. A written statement of some of the police investigation records concerning A and the written statement concerning A;

1. A photograph and diagnostic report of a reporter;

1. Application of investigation reports (verification of CCTV images) and investigation reports (related confirmations, such as a suspect A's aggregate, etc.)-related statutes;

1. Relevant Article 260(1) of the Criminal Act, the choice of punishment for the crime - The defendant A: Article 260(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Defendant A did not commit any assault against Defendant A and his defense counsel under Article 334(1) of the Criminal Procedure Act, and Defendant A asserts to the effect that the act of defense was committed during the process of setting up against the assault by the victim, etc. even if the assault was committed, it constitutes self-defense.

However, this court, including a relatively concrete and consistent statement from the victim's investigative agency to this court.

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