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(영문) 수원지방법원 2016.01.21 2015고정2063
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 May 15, 2015, at around 10:00, the Defendant exchanged and contests with the victim E as a matter of compensation for building prices due to the expiration of the lease term in D office located in the Y where the Defendant was aware of the fact that the Defendant used the victim’s shoulder and chests according to evidence, especially the video CD, although the Defendant’s use of force on the victim’s shoulder and chest, it is recognized that the Defendant was not likely to have any substantial disadvantage to the Defendant’s exercise of his/her right of defense, in this case where the Defendant acknowledged this part of the facts differently from the written indictment, the Defendant shall revise it ex officio without any amendment to the indictment, since it is determined that this part of the facts would not result in a substantial disadvantage to the Defendant’s exercise of right of defense.

The hand floor was 2 to 3 tights and assaulted.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to video and sound recording files CDs (in the face of an investigation record 34 pages);

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant's act did not constitute a crime because the defendant's act did not constitute a legitimate defense or a legitimate act because the victim's act was committed only once by the defendant's shoulder at the time, and the victim's refusal to withdraw by the defendant, and the victim's act did not necessarily constitute a legitimate defense or a legitimate act.

The argument is asserted.

2. The evidence presented in its holding, and in particular, according to CCTV video and tape-recording files in which the situation was recorded or recorded, the defendant, while making a dispute with the victim as an issue of factory lease with the victim, "B" is called as the victim.

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