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(영문) 서울동부지방법원 2016.12.20 2016고정1314
폭행치상
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 18, 2016, at around 04:35, the Defendant sought D at the house of Gangdong-gu Seoul Metropolitan Government and 102, a woman of the Defendant, sought D, and had the victim E (34 years of age, female) who was the vessel of the above D, the Defendant had not searched the relationship between the Defendant and D, and had the victim E (34 years of age, female) take care of her bath while taking care of her bath, and assaulted the Defendant by dividing the two descendants of another victim, who was inside the body of the victim so that the victim would not get the victim to work, and caused the victim to escape from the body of the victim, and thereby, the Defendant sustained the injury of the victim by getting the victim take care of about 4 weeks adjacent to the glass cup, which was broken down on the bed floor of the victim, for about 4 weeks.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Each police statement of E and D;

1. The written diagnosis of injury (the defendant asserted that the act of the defendant constitutes a justifiable act because the defendant first committed an assault against the defendant in order to prevent him from doing so. However, in light of the contents of the defendant's act acknowledged by the evidence above and the situation at the time, etc., the defendant's act is deemed to have the nature of active attack beyond the limit of passive defense against the victim's unfair attack, and it cannot be viewed as a justifiable act. Accordingly, the defendant's argument cannot be accepted).

1. Relevant provisions of the Criminal Act and Articles 262 and 260 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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