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(영문) 수원지방법원 2016.02.04 2015고정1899
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 March 25, 2015, at around 04:20 on the same day, the Defendant assaulted the victim in a way that she was faced with the victim E and a club that was a guest in the said club, and that he was faced with the victim E and the club, on the same day, at around 04:40 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel asserted that the Defendant did not have flapsing the victim’s flaps as stated in the facts of crime, and that the Defendant merely temporarily flapss the victim’s clothes to resist the victim’s unilateral assault and thus constitutes a legitimate defense.

However, according to the evidence examined above, the above argument is rejected, since the crime of assault in the judgment is sufficiently recognized, and the defendant's act is hard to be viewed as a legitimate defense in light of the defendant's breath and breathing breath of the victim's breath.

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