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(영문) 서울북부지방법원 2016.10.27 2016고정1325
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 2, 2015, around 16:00, the Defendant: (a) stated that “A victim E (n, 62 years of age) was registered as a member on June 2012; (b) the Defendant was registered around July 2012; and (c) stated that “A monthly membership fee of KRW 25,000 shall be refunded; and (d) the Defendant assaulted the victim by receiving water from franchiscing the face of the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A copy of the police statement of the defendant;

1. Application of each police protocol of statement to E;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that the defendant's act constitutes a legitimate act that does not violate social rules by passive defense against the victim's assault and constitutes a legitimate act that does not violate social rules. However, in light of the circumstances acknowledged by the evidence above, the defendant's act does not constitute a justifiable act that does not violate social rules.

Therefore, the defendant and his defense counsel cannot be accepted.

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