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(영문) 서울중앙지방법원 2016.04.06 2015고정3878
폭행
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

B is “C” portable sales staff, and the Defendant is a distribution supplier.

On August 10, 2015, at around 20:40, the Defendant: (a) discovered CCTV in the “C” store located in Gangnam-gu Seoul Metropolitan Government D; (b) covered the Defendant’s left hand trees; (c) purchased the victim B’s spons with his hand floor; (d) assessed the victim’s right side bridge on one hand; and (e) committed assault against the victim’s chest by two hand.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect B of the police;

1. B written statements;

1. A photo of the damaged part;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that this constitutes a legitimate defense, inasmuch as the Defendant did not assault the victim’s threshold and bridge, and only was the victim’s chest to stop the victim’s assault, it constitutes a legitimate defense.

According to the evidence duly adopted and examined by this court, the victim was found to have suffered from CCTV and caused the loss of the defendant's hand (20:40:13 time stated in theCCTV image). The fact that the defendant resisted the victim and confirmed by CCTV (it does not specifically confirm how the price of any part of the victim was determined in the pole). The defendant and the victim prices the defendant's hand after 3 seconds of physical fighting (20:40:18 time indicated in theCCTV image). The statement submitted by the victim on the day of the instant case by the victim to the investigative agency is that "the victim's body is pushed down with the victim's hand to verify the victim's hand" and "the statement submitted by the victim on the day of the instant case is that the right hand of the defendant's hand to the right hand of the victim.

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