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(영문) 춘천지방법원 2019.05.01 2019고정8
폭행
Text

The sentence against the accused shall be determined by a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 11, 2018, around 16:30 on June 11, 2018, the Defendant: (a) in front of the Yangyang-gun of Gyeonggi-do, the Defendant flabed the bat of the victim C(62 years of age) and the wage problem, and flabed the bat of the victim with approximately 20 minutes of flab,

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Assault photographs of the suspect C, and photographs submitted by the suspect C;

1. Application of Acts and subordinate statutes on report on internal accidents;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted the defense defense of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order. The defendant asserted that the defendant's act constitutes self-defense because the defendant's act was 1 to 2 minutes of flab for the victim to defend the defendant's defense by drinking.

However, according to the evidence duly adopted and examined by this court, the defendant's act is not only a defensive act, but also an attacking act. Thus, it does not constitute self-defense, since the defendant's act can be evaluated as an attacking act beyond it, because he does not constitute self-defense.

Therefore, the defense of the defendant and his defense counsel is without merit.

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