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(영문) 서울중앙지방법원 2019.07.10 2018고정2307
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a collector of the C church in Gangnam-gu Seoul, and the victim D is a member of the above church, and the victim E is a new church.

The above Chys association is divided into a new degree of support for the victim D, who is a standing tree, and a new degree of support for F, who is a senior pastor, and is in conflict with each other, and the defendant is a new degree of support for F, and the victim E is a new degree of support for victim D.

1. Around March 19, 2018, the Defendant: (a) committed assault against the victim D on his/her hand by putting in the victim D ( South and 53 years old); (b) around March 19, 2018, the Defendant was assaulted against the victim D on his/her own part from the street of the first floor of the Diplomatic Association.

2. Around March 9, 2018, the Defendant committed assault against the victim E by having the victim go beyond the upper bottom of the victim E (ma, 53 years old) who was enrolled in the first floor of the Cridge, on the top of the 1st floor of the Cridge.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the accused in the first protocol of trial;

1. The legal statement of witness D and E;

1. Report on investigation (on-site photographs);

1. The Defendant and the defense counsel asserted that the Defendant’s act constituted self-defense or legitimate act, despite the fact that there was a bruption on the victim’s face with regard to the fact of assault against the victim D. However, the Defendant and the defense counsel asserted that the Defendant’s act constitutes self-defense or legitimate act, and that it was intended to block the act since D intended to intrude into the Cracks where the illegal service personnel mobilized by using the illegal service personnel. However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, it is difficult to accept the Defendant and the defense counsel’s assertion that the Defendant’s act constituted self-defense

① On November 2016, there is a serious dispute between the two parties in relation to the status of a victim D, from the time of the occurrence of the dispute between the members who support the victim D, who are the victim of the standing timber, to the time of the occurrence of the dispute in this case.

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