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(영문) 서울북부지방법원 2018.11.09 2018고정860
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

On February 1, 2018, at around 00:50, the Defendant assaulted the victim at two times with her hand on the ground that the victim D'E operated by the victim D in Seoul Special Metropolitan City, Nowon-gu, could not enter the above restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A protocol concerning the examination of suspects of D;

1. Written statements of D;

1. Voluntary accompanying report (the defendant and the defense counsel asserted that the defendant and the defense counsel committed the assault of this case for the purpose of setting up against unilateral assault of the victim D, and therefore, they are legitimate defense or legitimate acts.

In light of the background, method, process, circumstances after the crime committed, etc., it is reasonable to deem that the Defendant’s assault committed the crime of this case, which was acknowledged by the above evidence, including the intent of attack beyond passive defensive act. The Defendant’s assault committed the act of attack and defense between the persons who committed the fight and the act of defense committed the act of attack and the act of defense took the nature of both attack and the act of attack at the same time. Thus, the Defendant’s act of attack is a legitimate act for the purpose of defending one of the parties.

It is difficult to see that only the defendant's act constitutes a legitimate defense or a legitimate act, and it cannot be deemed that only the defendant's act constitutes a political party's defense

Application of Statutes

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the 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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