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(영문) 대전지방법원 홍성지원 2015.04.10 2014고정84 (1)
폭행
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. On October 12, 2013, Defendant A: (a) around 22:00, at the Defendant’s residence located in Boan E, the victim B (57 years of age) went away from the victim’s land while leaving the victim’s land; and (b) the victim took an article against the victim; and (c) he assaulted the victim by going beyond the victim’s face.

2. Defendant B, at the time and place described in paragraph (1), assaulted the victim A (the age of 65) by putting the victim’s chest on the Defendant’s land while leaving the victim’s goods on the Defendant’s land, putting the victim’s chest on his left hand and destroying the victim’s chest.

Summary of Evidence

[Defendant A]

1. Partial statements of the defendant in the first protocol of trial;

1. Each protocol of examination of the witness with respect to B, F, and G (Defendant B);

1. Application of the Acts and subordinate statutes on the protocol of examination of witness to A and F;

1. Defendants of the pertinent legal provision on criminal facts: Article 260(1) of the Criminal Act (Selection of Fine) [The Defendant A and his defense counsel assaulted B in an effort to oppose B by first, and they constitute self-defense or legitimate act. However, according to the evidence above, the Defendant’s act appears to have the nature of an attack as an active anti-defense beyond the limit of passive defense, and thus, it does not constitute self-defense or legitimate act] / [ although the Defendant B and his defense counsel asserted that they did not have committed an assault, they shall not be deemed to constitute self-defense or legitimate act. However, although they consistently stated that they were assaulted by the Defendant from the investigative agency to the court in question, and there are no circumstances to suspect the credibility of the statement, the Defendant’s criminal facts can be acknowledged based

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: Division of a crime under Article 334(1) of the Criminal Procedure Act

1. The summary of the charge is that Defendant A assaults B as stated in the facts constituting the crime of paragraph 1 of the judgment.

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