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(영문) 서울서부지방법원 2018.04.24 2017고정876
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On July 13, 2016, around 01:30 on July 13, 2016, the Defendant assaulted the face of the victim who was his spouse at the time before the parking lot for the Han River Samsung Apartment apartment located in Mapo-ro 11, 32-gil, Mapo-gu, Seoul, with one another due to the problem of parking.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to a criminal investigation report (C CCTV image submission);

1. Relevant Article 260 of the Criminal Act and the choice of punishment for a crime: Article 260 (1) of the Criminal Act;

1. Punishment to be suspended: Fine of 300,000 won;

1. Attraction of a workhouse: Articles 70(1) and 69(2) (one hundred thousand won a day) of the Criminal Act;

1. Suspension of sentence: According to the evidence duly adopted and investigated by this court as to the assertion of legitimate defense by this court, it can be acknowledged that this case was derived from the use of violence by the victim first, but if the price action against the victim was conducted by the victim at the time, it was not a passive defense but a active anti-defense act against the victim.

may be appointed by a person.

Therefore, the defendant and defense counsel's legitimate defense cannot be accepted.

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