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(영문) 수원지방법원 성남지원 2017.09.15 2017고정661
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On November 28, 2016, the Defendant: (a) around 13:35, the 218-dong apartment house E-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, on the front of 218-dong apartment house 218-dong, and (b) when the victim F’s home-type vehicle cannot block his front of his own car, he was pushed the victim F’s chest on several occasions with his fingers, and (c) the victim F used the victim F’s neck on three to four occasions with his hand, who was sponsed by the Defendant’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. The Defendant and the defense counsel asserted to the effect that the Defendant’s chest part of the Victim F at the time is a legitimate defense because it constitutes a passive resistance to defend F’s assault.

However, according to the evidence duly adopted and examined by this court, the defendant's act does not constitute a legitimate defense, since it is acknowledged that the defendant's chest part of the victim's chest that the defendant was in a trial due to the problem of parking with the victim has been pushed ahead at several times, and that the victim was committed several times with the cell phone that was in the hand of the defendant's knife on the part of the defendant's knife on several occasions.

Therefore, the above argument by the defendant and defense counsel is without merit.

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. Part concerning reduction of the amount of fine prescribed in the summary order by taking into account the following: (a) some of the circumstances leading up to the assault of reasons for sentencing under Article 334(1) of the Criminal Procedure Act; and (b) a judgment of innocence on the charge of partial assault is rendered;

1. The summary of the facts charged is that the Defendant, at the time and place as indicated in the judgment, fighting in F and in the next place while going against F and Si.

F의 처 피해자 D(42 세, 여) 의 얼굴을 휴대폰을 쥔 손으로 1회 때려 피해자를 폭행하였다.

2. Determination:

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