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(영문) 창원지방법원 2014.08.26 2014고정507
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around September 22, 2013, the Defendant assaulted the victim, such as putting the victim D(56 years of age) fat, fating 402 fat, Kimhae-si, Kimhae-si, 402, and bating the victim’s face, putting him/her a bat, fating the victim’s face, and putting him/her a bridge.

2. Around 01:00 on September 10, 2013, the Defendant assaulted the victim, such as cutting the victim’s DNA head debt on the road in front of the F Hospital located in Kimhae-si E.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement of witness D;

1. Each protocol of suspect interrogation of the defendant and D by the police;

1. Part of the police statement of H;

1. Application of CCTV video recording CD-related Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Fine of 500,000 won to be suspended; and

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

5. The defendant and his defense counsel asserted that Article 59(1) of the Criminal Act (in addition to once a fine for a crime committed against the defendant, there is no specific criminal history other than a fine for the crime committed against the defendant, circumstances before and after the occurrence of each of the crimes of this case, and the father and degree of violence) and defense counsel's assertion of the defendant and defense counsel, as stated in the facts of the crime of this case, no assault was committed against the victim as stated in the judgment of the defendant, and even if some assault was recognized, it constitutes self-defense as a passive resistance to defend the illegal attack against the defendant

However, according to each evidence of the judgment, the defendant's act is not merely a passive resistance to defend the victim's unfair attack, but also a defensive act, if the defendant's act is not a passive resistance to defend the victim's unfair attack, in light of all the circumstances such as the process, purpose, means, and degree of assault of each of the fightings in this case.

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