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(영문) 의정부지방법원 2017.11.02 2017고정1161
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 October 13, 2016, at around 23:30, the injured party C (51) suffered injury to the Defendant, such as d apartment 103-dong underground parking lots, where he/she had a dispute with the Defendant at an additional expense for the operation of the Defendant and his/her agent, and he/she divided the Defendant's timber behind it, and the left knick knife, which requires approximately four weeks of medical treatment, by plucking the Defendant with his/her hand.

Defendant assaulted against the assault of the above victim, such as taking the victim’s arms and flaps as hand.

Summary of Evidence

1. The legal statement of the witness C;

1. Video CD at the time of the assault [this case’s crime constitutes a legitimate defense. However, considering the situation at the time of the instant case, the degree of infringement inflicted upon the Defendant and the victim, it is difficult to view that the Defendant’s exercise of force against the victim’s body was merely a passive resistance in the course of dispute between the Defendant and the victim, and the above argument is not acceptable]

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. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the following reasons: (a) degree of tangible power the Defendant used by the victim; (b) the Defendant suffered bodily injury at the time of the instant case; (c) the Defendant has no particular criminal record other than a long one fine; and (d) the Defendant’s age, sex, environment, etc. shall be determined in consideration of the Defendant’s age, sex, etc.

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