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(영문) 수원지방법원 여주지원 2014.09.29 2014고정58
폭행
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “DMoel” located in Yangyang-gun C, and the victim E (Nam, 43 years old) is a person who leases computers and CCTV to the said DMoel.

At around 16:40 on November 26, 2013, the Defendant assaulted the victim by taking advantage of the bath-gate in a place where the victim and the CCTV were in a place where the said computers and CCTV rents were in dispute.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes governing violence field photographs;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. As to the claim of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the Defendant constitutes self-defense or emergency evacuation to defend the victim’s unfair attack, since the victim was not able to catch and unleash the Defendant’s breath, the Defendant’s plastic bath breath, which was adjacent to the Defendant’s breath in order to escape this.

According to the evidence of this case, the defendant's assault against the victim is not an act to defend the defendant's current infringement of the legal interests of the defendant, and it is not an act to avoid the present danger to the defendant's legal interests. Therefore, the above argument is without merit.

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