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(영문) 인천지방법원 부천지원 2019.08.13 2019고정142
폭행등
Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Defendant A

A. On July 20, 2018, the Defendant, around 20:40 on July 20, 2018, assaulted the victim B’s grandchildren who were to refuse to meet the vision and enter his/her residence as a matter of expenses for the removal of his/her director in front of the 20th office of Kimpo-si, Kimpo-si.

B. At around 08:30 on July 22, 2018, the Defendant made a phone call with the victim B’s mobile phone (E), and made intimidation by notifying the harm, such as “the homicide, internal price,” “the scambling, the scamh, the scamh, the scamh, the scamh, the scamh, the scamh, the scamh, the scamh, the scamh, the scamh, and the scamh, the scamh, the scamhing year

Summary of Evidence

1. Defendant A’s legal statement

1. Each police interrogation protocol of the defendant A and B;

1. Application of B’s written laws and regulations;

1. Relevant Article 260 (1) and Article 283 (1) of the Criminal Act and the choice of a fine for the crime (Defendant A)

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

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

1. The portion not guilty against Defendant B of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment (Defendant A)

1. On July 20, 2018, Defendant B: (a) around 20:40 on July 20, 2018, around Kimpo-si Office C Officetel D, the victim: (b) had kneeped knife knife knife knife knife knife knife knif

2. The defendant B and the defense counsel asserts that the defendant's act did not constitute a crime of self-defense or a legitimate act because Gap's act was boomed or pushed down his hand with the view of blocking the present door at the time.

To be recognized as self-defense as stipulated in Article 21(1) of the Criminal Act, there should be “the present unfair infringement” on one’s own or another’s legal interest, and it might be infringed by the type, degree, method of infringement, the completion of infringement and defense act.

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