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(영문) 수원지방법원평택지원 2020.10.30 2020고정148
폭행등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On April 23, 2019, the Defendant committed the crime against the victim B around 20:0, the victim B (the victim B, the 29-year age) who was dissatisfied with each other as a matter of flat noise around the first floor above the elevator of the first floor above the Dong-dong apartment D, and the body was faced with, and the hand floor where the body was faced with, the victim's face, displayed the victim's chest part toward the face, spits the victim's chest by double hand, spits the victim's face, spits the victim's head, and spits the victim's head.

As a result, the Defendant inflicted an injury on the victim, such as fluoral salt fluor, which requires a medical treatment for about 18 days.

2. On April 23, 2019, the Defendant committed the crime against the victim E, on April 23, 2019, in the above C Apartment Ddong Underground Parking Lots, and assaulted the victim E (V, 62 years of age) who was under contact with the above B and on a brupted hand, with the head debt of the victim attached.

Summary of Evidence

1. Defendant's legal statement;

1. A, B, or F, a written diagnosis of the injury of each police suspect, and a photograph of the damaged part of the examination;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act (the point of injury), Article 257 (1) of the Criminal Act (the point of violence), the selection of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37 or Article 38 (1) 2 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment heavier than that prescribed for an injury);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant asserts that the crime under Article 334(1) of the Criminal Procedure Act against the Defendant’s assertion is a passive resistance, which was committed against the victim E’s assault, and constitutes self-defense or legitimate act.

According to the evidences of the city, E has moved out the door of the patrol car, and the interested F was slicker with the Defendant, and the head of the Defendant was flick with the Defendant, E was flick with the head of the Defendant, and E was flick with the head of the Defendant’s head, and the police officer called out are removed.

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