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(영문) 광주지방법원 순천지원 2014.03.25 2013고정885
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 14:00 on September 6, 2013, the Defendant used the victim's face at the C Sports Center located in B, which became a problem of victim D and security deposit, and used the victim's face at a hand floor, and used flabing flaps.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against the defendant or D;

1. Application of Acts and subordinate statutes to investigation reports (in respect ofCCTV images);

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

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The Defendant asserts to the effect that his act constitutes self-defense as a means of setting up against the victim’s assault and constitutes self-defense. However, in full view of the circumstances acknowledged by the aforementioned evidence, the circumstance and method of the assault and the degree of damage, etc., as stated in its reasoning, the Defendant’s act is not a mere defense against the victim’s assault, but a attack, and thus cannot be deemed a self-defense. Thus, the above assertion cannot be accepted.

Although the reason for sentencing did not reach an agreement with the victim, it is decided as per Disposition, taking into account the fact that the victim first prices the defendant who returned to the issue of deposit and caused the damage to the defendant, the damage to the defendant is more likely to be higher than the victim, and the defendant has no particular criminal history except for a minor fine sentenced once every year.

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