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(영문) 대전지방법원 2017.07.27 2017고정262
폭행
Text

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

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

Reasons

Punishment of the crime

The defendant and C resided in a neighbor's house and frequently disputed it as it is not good for peace.

C On June 12, 2016, around 08:30, the Defendant residing in the Daejeon Seo-gu Daejeon apartment No. 102, 1104, supra, and the Defendant living in the same heading 1103 of the Dong-gu, Daejeon.

"A person who received a high resistance," "I did not throw away," "I am h'h, am h'h, brue, and the body of the defendant A several times with his body, etc., and assaulted the wall by using a cell phone with his hair h'h' and continuously h'h'n't face with his body, and making him h's body h'h't face with his body one time.

Accordingly, the Defendant asserted C's actions and assaulted, such as "packer, ma, hacker, and her body," and "as a result, C's greenhouse body was sealed several times."

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes of photographs (Evidence No. 52,53 pages of evidence);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant is merely a party defense inasmuch as he/she has sealed C's body in the process of passive resistance against C's violence.

2. Where it is reasonable to view that the perpetrator’s act of attacked with one another for the purpose of attacking the victim’s unfair attack rather than for the purpose of defending the victim’s unfair attack, and that the perpetrator’s act of attacked with one another for the purpose of attacked with one another, and caused the attack against it, that act is an act of attack at the same time, which is an act of attack, and thus, it cannot be deemed as an act of defending a political party or excessive defense (see Supreme Court Decision 2000Do228, Mar. 28, 200). According to the witness’s witness’s legal statement, according to the witness’s statement, the Defendant’s act was acknowledged to have caused physical fighting with C in the course of dispute with C, and at the same

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