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(영문) 서울서부지방법원 2018.11.13 2018고정545
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On November 18, 2017, at around 02:15, the Defendant used the flabing of the victim E (35 years old) around Yongsan-gu Seoul, Yongsan-gu, Seoul, and used the flabbbage of the victim in his hand and used the flab.

Summary of Evidence

1. Results of reproduction and viewing of on-site CCTV CDs;

1. The witness F’s legal statement [In light of the aforementioned evidence, even if the Defendant, while speaking for the dispute between E and F, removed E from F, he can find the fact that he saw E’s fatat and pushed down his body. However, in light of the degree of tangible power exercised by the Defendant, the Defendant’s act was not a passive defense but an active anti-efating act against the victim.

Therefore, the defendant and his defense counsel's legitimate defense and legitimate acts cannot be accepted.

Application of Statutes

1. Relevant Article 260 of the Criminal Act and the choice of punishment for a crime: Article 260 (1) of the Criminal Act;

1. Punishment to be suspended: Fine of 200,000 won;

1. Attraction of a workhouse: Articles 70(1) and 69(2) (one hundred thousand won a day) of the Criminal Act;

1. Suspension of sentence: Article 59(1) of the Criminal Act (i.e., the fact that the defendant first e.g., g., was the crime of this case in the course of setting up against the victim's exercise of violence, the degree of violence by the defendant is not much serious, the defendant did not have any past record of punishment in addition to once of a fine,

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