(영문) 수원지방법원 안양지원 2018.02.06 2017고정851

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(영문) 수원지방법원 안양지원 2018.02.06 2017고정851

폭행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 30, 2017, the Defendant: (a) at the entrance of the 1st floor of the “ church,” located in Sanyang-gu, Sanyang-gu, Sanyang-si, the Defendant: (b) at around 20:0, talked about the following grounds: (c) on the ground that he did not spread a will to the believers of the victim D (37) Doctrine; (d) he did so; (e) he did annoyingly defective body of the victim; (e) pushed the body of the victim; (e) carried the face up twice by hand and shoulder; (e) took the kne and drinking; and (e) took the knee and drinking part of the baby; and (e) assaulted the knee and the blue part of the breast by selling it.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to a investigative report (STV video verification);

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 and his defense counsel's assertion against the defendant and his defense counsel in accordance with Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant and his defense counsel asserted that the defendant's right of defense should be set up as soon as possible in order to open the defendant's spouse who was used for cerebrovascular at the time. The defendant's defense is a legitimate defense, because the victim's talks about the defendant's chest with defective talks and two times, and the defendant's arms and body are pushed down by his hand.

However, according to the evidence duly adopted and examined by this court, the victim's talks about the defendant.

The defendant's act is not a defense for defending an unfair attack, but an attack.

Therefore, the defendant's act does not constitute a legitimate defense.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제260조 제1항

유사 판례

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