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(영문) 의정부지방법원 2020.05.07 2019고정1624
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage to the defendant's exercise of the defendant's right of defense, the phrases of the facts charged were partially revised.

On March 27, 2019, around 01:22, the Defendant assaulted the victim D(56 years of age) by cutting and pushing the flabing at the victim C sran tavern located in the first underground floor B at the Government-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Each police statement of E;

1. On-site CCTV investigation (on-site CCTV investigation) [The defendant asserts that his act constitutes self-defense. However, according to the evidence duly adopted and investigated by this court, this is believed to have been in fighting between the defendant and the victim. The defendant's act of attack and defense was conducted throughout the course between the fighting parties, and it is hard to view that the act of attack and defense was a legitimate act for defense or self-defense because only one party's act was committed at the same time as the act of attack and defense was committed, and the act of defense was also in the nature of both parties. (See, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010), etc., the defendant's assertion is without merit).

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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