logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.06.02 2015고정3734
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 25, 2015, at around 17:20, the Defendant: (a) committed a dispute with the victim C (39 years of age) on the ground that the Defendant, while making a assault against the damaged person, she saw that he/she was “influence of cigarette butt.” (hereinafter referred to as “influence of cigarette butt,” and assaulted the victim’s flap with his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement made by a witness C and D (the defendant and his defense counsel only set the victim's drinking to avoid violence against the victim, and the defendant did not assault the victim, such as flabing fat, etc., in order to avoid such violence, and do not do so for domestic affairs;

This argues to the effect that this constitutes a legitimate defense or legitimate act.

However, according to each of the above evidence, the defendant can be found to have committed assault by breathing the victim's flaps, and in light of the developments leading up to the occurrence of the case and the circumstances prior to and after the crime of this case, it cannot be deemed that the defendant's act satisfies the requirement of legitimate defense or legitimate act, and the above argument by the defendant and the defense counsel

Application of Statutes

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 concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

arrow