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(영문) 대전지방법원 2019.09.19 2019고정443
폭행
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. On January 21, 2019, Defendant B, at the main point of “E” operated by D, located in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon, on the ground that the victim, who had worked as an employee, had not printed out the F message sent and received from one another, committed assault against the victim on the part of the body part of the victim.

2. Defendant A, at the same time and place as described in paragraph (1), assaulted the victim B’s chest part on a hand.

[Defendant A and his defense counsel asserted to the effect that the victim (B)'s assault described in Paragraph (1) is only the only one time in opposition to the victim's assault. However, according to the following evidence duly adopted and investigated by this court, the defendant A's chest part of the victim (B) can be acknowledged as having committed assault with the victim's chest part in hand before the victim (B) was duly adopted and investigated. Thus, the defendant A and his defense counsel's above assertion cannot be accepted.] The summary of the evidence is as follows.

1. Defendant B’s legal statement, Defendant A’s partial legal statement

1. Each legal statement of witness G and D (name H);

1. Application of a contract for the transfer of the right to the facility, the F content of the submission of the suspect, F photographics, relevant photographs (incept 157 pages of investigation records), related video CDs, and statutes of the record;

1. Defendants: Article 260(1) of the Criminal Act; and Article 260(1) of the Criminal Act and the choice of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendants and their defense counsel asserted to the effect that each of the assaults in their decision constitutes self-defense, respectively, as to the legal arguments of the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act.

First of all, Defendant A’s assault is self-defense inasmuch as it is recognized that Defendant A’s assault was committed before the victim (B) assault was committed, as seen earlier.

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