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(영문) 서울중앙지방법원 2013.06.13 2012고정3818
폭행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 3, 2012, around 14:30 on May 3, 2012, the Defendant: (a) committed assault against the victim by cutting down the lower part of the victim’s breath and flaps, and cutting down the flaps around the top of the upper floor, on the ground that the victim D, a multi-house pilot, did not take delivery charge of the receipt.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Voluntary report;

1. Application of Acts and subordinate statutes to on-site reports;

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

1. Articles 70 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 of the provisional payment order asserts that the defendant's act is a legitimate act that does not go against the social rules, and the defendant's act merely put back the back of the victim's victim with delivery cost received without complying with the promise.

According to the evidence duly adopted and examined by the court, the defendant can be recognized that the defendant completed delivery and flabbbling the bottom of the victim who returned to delivery and flabbbing over the floor. In full view of the circumstances in this case, the circumstances before and after this case, and the attitude of the defendant's act, etc., the defendant's act in this case cannot be deemed as a justifiable act that does not violate the social rules, and thus, the above assertion by the defendant and the defense counsel

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