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(영문) 서울중앙지방법원 2017.09.13 2017고정859
폭행
Text

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

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendants are married between husband and wife from August 2015, and they are currently in a divorce lawsuit.

1. Defendant B, at around 17:45 on December 28, 2016, found in the victim A’s attorney-at-law office located in the fourth floor of Jongno-gu Seoul Metropolitan Government Jongno-gu C building, and the victim “if the victim should have a director due to major children’s entrance into middle schools, the victim should have a director due to lack of deposit money, and the damaged person will change in his/her office.”

The defective victim, "I today's son", "I am off the face of the victim who was worn by the victim by his/her hand, and was assaulted when I am out of the damaged office by her hand when I tried to get the defendant out of the damaged office, with his/her arms attached to the victim's son, and the victim's chests and sons by drinking other hand.

2. Defendant A, at the same date, at the same time and place as set forth in paragraph (1) as above, destroyed the Victim B’s arms that had been put to the Defendant, by duplicating them, and then assaulting the Victim B’s necks by knifeing them and knife their hairs.

Summary of Evidence

[Defendant B]

1. Partial statement of the defendant;

1. A legal statement of a witness;

1. Photographs of the upper part of the body [Defendant A];

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A protocol concerning the interrogation of the suspect against the defendant (which asserts that the defendant A's act constitutes a political party defense or an urgent escape, but it is reasonable to view that the defendant's above defendant's spawning of the arms and spawning of the arms of B as a new affirmative attack beyond the permissible scope in light of social norms, as a means of resistance to protect himself and escape from the illegal attack. Thus, the above argument cannot be accepted)

Application of Statutes

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;

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