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(영문) 수원지방법원 2018.04.27 2017고정2902
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 31, 2017, the Defendant, within the toilets of D amusement stations located in the wife population C, and the victim E ( South and the age of 36) took away the tobacco of water in the victim E (the age of 36), and the victim who suffered from the chemical accident was on the floor by mooring a cigarette.

In this regard, the Defendant committed assault against the victim, such as bucking the victim's body twice with the victim's boom.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that the defendant and his defense counsel did not assault the victim and the injured person did so with the her scambly killed, and thus, they are legitimate defense. However, according to each evidence above, the defendant first committed an assault against the victim when scambling the victim. In light of the circumstances of the case, the process and degree of dispute, the method of exercising the defendant's tangible power, etc., the defendant's crime of this case constitutes an active act exceeding the limit of passive defensive act, and thus, the defendant's act does not constitute a legitimate defense.

[Judgment]

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