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(영문) 수원지방법원 안양지원 2018.10.25 2018고정63
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 June 4, 2017, at around 13:30, the Defendant: (a) committed a dispute with one another for the reason that: (b) the victim B (32 tax) driven the Kaison Kaison car in a high speed speed between the Yancheon-si and the Defendant threatened the Defendant with the Dpoer car, and (c) assaulted the victim’s chest part at both arms once and once.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Some of the statements made by the prosecution against the defendant in the suspect interrogation protocol (including the part concerning the statement made by the B);

1. A protocol concerning the suspect B of the police;

1. As to the argument of the defense counsel in B’s written statement, the defense counsel did not assault the victim, and the victim’s attempt to return to the Defendant’s vehicle located on the side prevents the Defendant from having the Defendant, and the victim’s loss was spawned, and the victim’s chest part of the chest part of the victim’s chest part was pushed off and pushed off to the victim in two hands. Thus, even if the exercise of part of the force against the victim is recognized, it did not constitute a legitimate defense, emergency escape, or legitimate act.

However, according to the evidence mentioned above, the defendant's assault as to the victim's crime is acknowledged, and in light of the circumstance and contents of the crime, it cannot be viewed that the defendant's assault against the victim satisfies the requirement of legitimate defense, emergency escape, and legitimate act. Thus, the above argument is rejected.

Application of Statutes

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

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

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