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Reasons
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(영문) 서울중앙지방법원 2016.09.05 2016고정1155
폭행
Text

Defendant

A shall be punished by a fine of KRW 300,000 and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On December 1, 2015, Defendant B committed assault to the victim A (the age of 63) who is an apartment security guard at the above apartment parking lot in Jongno-gu Seoul, Jongno-gu, Seoul E apartment 112 Dong 112, and the victim A (the age of 63) on the ground that he said apartment security guard was unsatisfyed and unsated in the parking lot, the outside person was able to park the vehicle on the parking lot, and the victim’s face was unsatisfyed by drinking on the right side of the victim’s face, and made the chest part over 3 and 4 times.

2. Defendant A, at the date, at the time, and place under the above paragraph (1) above, the victim B (the age of 48) parked, and the victim B (the age of 48) took a sound to the victim of the defect that he tried to park, and committed an assault, such as assaulting the victim’s breast part on the left hand and elbow, 10 times the victim’s breast part on the part of the victim.

Summary of Evidence

(Defendant A)

1. Defendant A’s legal statement

1. A written statement (B);

1. A photograph of damage (Defendant B);

1. Each legal statement of witness A, F and G;

1. Written Statements (A, F, G);

1. Application of statutes on photographs of damage;

1. Defendants: Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act; Selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendant B’s assertion of self-defense as to Defendant B’s assertion of self-defense under Article 334(1) of the Criminal Procedure Act is merely a fact that he saws A’s arms to defend because he father had father father and fatd more than ten times of violence. However, according to the evidence as seen earlier, Defendant B’s assertion of self-defense is acknowledged according to the aforementioned evidence, and there is no other evidence supporting Defendant B’s assertion, and thus, Defendant B’s assertion cannot be accepted.

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