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(영문) 대전지방법원 2016.05.25 2016고단147
폭행치상등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On July 4, 2015, the Defendant assaulted the head, shoulder, etc. of the victim D (D, 41 years of age) by drinking in the Daejeon Prison 20-dong, Daejeon Prison 20-dong, Daejeon.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Part of the police statements made in relation to E and F;

1. Application of Acts and subordinate statutes to report on investigation (influences, photographs and attaching site photographs);

1. Considering the relevant legal provisions of the Criminal Act and Article 260(1) of the Criminal Act regarding criminal facts, the selection of fines (the location of the crime of this case was established as an emergency level for the call of a correctional officer as an accommodation room in a prison, and the victim’s crime of this case, even if the victim was committed first by assault against the victim, is difficult to deem that the crime of this case constitutes legitimate defense, as alleged by the defendant, even if the victim was committed first, due to the victim’s assault from the victim, by taking into account such circumstances as the fact that there was an emergency level for the call of a correctional officer at the time of committing the crime, and that the victim was able to receive assistance from other prisoners or correctional officers, such as the visit of the victim immediately after the victim took an emergency level: Provided, That the circumstance leading up to the crime, including the fact that the victim was committed

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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