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(영문) 서울중앙지방법원 2018.05.16 2017고정2968
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 14, 2017, at around 13:45, the Defendant used D agency located in Gwanak-gu in Seoul Special Metropolitan City, for the issue of city-type amounts, cut down to the victim E and the vehicle, and assaulted the victim by breaking the breath in his hand, by putting the breath of the Defendant’s breath with his her breath, against the breathm.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the witness F in the third public trial records;

1. Each police statement protocol with respect to E and F: 1. Application of the Acts and subordinate statutes related to E/L

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. The defendant and his defense counsel asserts that the defendant's act constitutes a legitimate defense or legitimate act for the purpose of setting up against the victim's attack.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, the background leading up to the dispute between the Defendant and the injured person, the termination of dispute, and the result of mutual dispute, the Defendant’s act does not seem to constitute merely a simple means of resistance or passive defense to oppose the victim’s attack, or a legitimate act that does not go against social norms.

The above assertion is not accepted.

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