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(영문) 수원지방법원 안양지원 2018.06.15 2017고정927
폭행
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 2, 2017, at the office of the Gyeonggi-do Welfare Association for Disabled Persons with Disabilities, the Defendant assaulted the victim by assaulting the victim by making the victim's knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective statutory statements of witnesses D and witnesses E and F to the Acts and subordinate statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant asserts that at the time of the instant crime, the lower part below the victim’s title was prevented by hand as part of the passive defensive act, as part of the victim’s act, at the time of the victim’s first assaulting the Defendant, it constitutes a justifiable act.

However, in light of the background, content, method, and consequence, etc. of the instant crime, which can be recognized by the aforementioned evidence, the Defendant’s act constitutes an active attack rather than an act of defense for the protection of himself/herself from the illegal attack of the other party, and the means and method are not deemed reasonable, and thus, it cannot be deemed that it does not contravene social rules or constitutes a justifiable act.

Therefore, the defendant's above assertion is rejected.

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