(영문) 부산지방법원 2020.02.13 2019고정945

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Reasons

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자간(%)

(영문) 부산지방법원 2020.02.13 2019고정945

폭행

Text

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

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

Reasons

Punishment of the crime

On April 21, 2019, at around 11:42, the Defendant committed assault, such as: (a) the victim D (25 years of age) who worked as the above restaurant employee, and (b) the victim D (25 years of age), who was employed as the above restaurant employee, demanded wages that were not received while complying with the reasons for his dismissal; (c) the victim’s son was fluored by his hand on the ground that he was fluoring the part of the victim, fluoring it over the floor, and fluoring it over the floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each police statement made to D and E;

1. A report on the occurrence of a crime [victim D] was consistently made by an investigative agency and this court, and E also stated in this court that “the defendant was assaulted by the defendant first,” and that “the defendant was less than that of the victim.” The defendant also made a statement to the effect that the investigation agency recognized the fact that the victim was assaulted by the victim, and sufficiently recognized the fact that the defendant committed the assault. Even if the victim was satisfying with the defendant, the harmful act in the case of a fighting is a defense act, at the same time, and is characterized by the act of attack, and thus, cannot be deemed as self-defense or excessive defense act (see, e.g., Supreme Court Decision 92Do1329, Aug. 24, 1993). The defendant and defense counsel’

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

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

3. Article 334 (1) of the Criminal Procedure Act.

4. In light of the following circumstances in sentencing on the grounds of sentencing under Article 186(1) of the Criminal Procedure Act, the amount of fine for a summary order already issued shall be increased based on Article 457-2 of the Criminal Procedure Act, and the cost of the lawsuit shall be borne by the defendant. In so doing, the sentence shall be determined as per Disposition by the defendant.

When the victim claims the wages that he was unable to receive, the defendant.

참조조문

참조판례

-대법원 1993. 8. 24. 선고 92도1329 판결

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