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(영문) 서울중앙지방법원 2016.08.31 2016고정1981
폭행
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On April 29, 2016, the Defendant assaulted the victim, i.e., the victim’s face to the effect that “the murder cannot be justified immediately,” while talking about the victim C (56 years of age) and the victim’s murder case within Dong Dong-dong No. 12 of the Seoul detention center located in Annyang-ro 143, An Annyang-ro, Annyang-ro, Annyang-ro, Annyang-ro, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements (C);

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of the Acts and subordinate statutes governing evidence photographs;

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. The defendant's assertion as to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is a legitimate defense in order to prevent the defendant from defending the attack by C. However, according to each of the above evidences, the defendant's above assertion is not acceptable, since the defendant's use of violence was recognized, and there is no other evidence to prove that the defendant's act satisfies the requirement of legitimate defense.

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