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(영문) 창원지방법원 마산지원 2014.07.22 2014고정255
폭행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 19:50 on November 24, 2013, the Defendant: (a) committed assault against the victim on the hand floor by using the victim’s face with no reason, without any reason, while the victim D, who is a friendly son, out of home, was unable to give appraisal of the siblings in front of the Changwon-si, Changwon-si, Masan-si, Seoul, with a family death; and (b) divided the victim’s talks by outing the victim’s face with the victim’s face one time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol to D and F

1. Article 260 (1) of the Criminal Act and Article 260 (1) of the same Act concerning the crime; the choice of fines;

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

1. In light of the circumstances and contents of the instant case regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant’s act does not appear to constitute self-defense, and thus, the assertion by the Defendant and the defense counsel is rejected.

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