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(영문) 서울남부지방법원 2018.08.28 2018고정232
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is the first day of the occurrence of the case with the victim D as a member of the company.

On July 13, 2017, around 01:30 on July 13, 2017, the Defendant was able to write off the victim’s side and her tock with his own knick, etc. in front of the Gangseo-gu Seoul EB No. 103.

I think of this, the head was 1 pump in his hand, and assaulted the victim's bucks at once due to bucks.

Summary of Evidence

1. Legal statement of the witness D;

1. Investigation report (case concerning the confirmation of CCTVs at the scene of the occurrence of the case);

1. Application of the Acts and subordinate statutes as a result of CCTV reproduction;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The grounds for sentencing under Article 186(1) of the Criminal Procedure Act, including the circumstance leading up to the instant crime, the circumstances after the crime, and the victim’s wishing to punish the Defendant, shall be determined by taking account of the various factors revealed in the records and trials of the instant case into account.

Defendant

Judgment on the Defense Counsel's argument

1. The Defendant alleged that he did not assault the victim, and even if the fact of domestic assault is recognized, the illegality is excluded as a legitimate defense, because it is excessive to the day during the process of defending the victim’s indecent act against the Defendant.

2. Determination

A. As to the assertion that the victim did not assault, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, the victim from the investigative agency to the court of this case at the time of this case to the victim's head at the time of this case, and caused the victim's head at one time, and caused buckbucks one time.

Even if consistently stated, it is based on CCTV images installed near the site, the defendant's face was taken by his hand and the victim's buckbucks can be confirmed, and the victim's bucks can be identified, and the defendant was in the same place as the defendant's bucks.

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