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(영문) 서울북부지방법원 2016.06.23 2015고정2378
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 29, 2015, the Defendant: (a) around 00:35, the Gangnam-gu Seoul Metropolitan Government C Housing does not open a door to a person who is a debtor of the Defendant who resides in a neighboring multi-household house in front of the street; (b) the music of a portable singing machine was seriously slicked, resulting in dispute between the victim D (62 tax) and the Sicing, and assaulted the victim at the victim’s right time twice.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

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. The defendant and his defense counsel's assertion as to the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant's act cannot be viewed as a legitimate defense or a legitimate act, in light of the defendant's circumstance and attitude acknowledged by the evidence above, since the victim puts the defendant's breath in the wall by cutting the breath, the defendant's breath in the process of getting the defendant's stroke and getting out of the wall, the defendant's act is justified as a legitimate defense or legitimate act.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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