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(영문) 춘천지방법원 2019.08.13 2019고정29
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 17:00 on November 20, 2018, the Defendant: (a) went aboard and returned to a tourist bus with members of the mountain conference, such as the victim D (the age of 56, female) at the location of Yangyang Highway located near the C Standon-gun B of Gangwon-do; (b) on the ground that the victim tried to take a place in which he/she had a dispute, which is the general secretary of the Defendant and the mountain conference, as a mobile phone, he/she assaulted the victim’s right-hand arms by cutting down the victim’s secret by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act for the Detention in the House of Labor [the defendant and his/her defense counsel] asserts that the defendant's act of photographing the victim's cell phone was committed in the process of unfairly responding to it, and thus, it constitutes a justifiable act. However, in light of the defendant's attitude of act as stated in its holding, it is not reasonable to view the defendant's act as a justifiable act that does not violate social rules, and thus, the above assertion is rejected.

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