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(영문) 수원지방법원 성남지원 2019.09.18 2019고정271
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

The Defendant is a person who sells clothes in the name of “C” on the first floor of Sungnam-si, Sungnam-si, and the victim D is a person who sells clothes in the same commercial building with “E”.

At around 13:30 on August 7, 2018, the Defendant assaulted the victim’s head collection and flaps by hand on the ground that the victim D (inn, 58 years of age) was engaged in the business before the victim’s seat at the entrance of the first floor.

Summary of Evidence

1. Each protocol of examination of witness D or F of this Court;

1. Photographs (the defendant and his defense counsel merely stated clothes to avoid the victim's assault, and they constitute self-defense or legitimate act. However, according to the evidence in the judgment, the defendant's act of assault, such as flabing the victim's head, flab, etc., is recognized, and this is a mutual assault with the nature of attack and defense, and thus, it cannot be viewed as legitimate self-defense or legitimate act. Accordingly, the above argument is not acceptable).

1. Article 260 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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