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(영문) 부산지방법원 2016.04.01 2016고정320
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 October 15, 2015, around 09:20, the Defendant: (a) taken a telegraph of the victim B (V, 57 years old) who walked at the front bus stop located in the city of Geumdong-dong, Busan; (b) taken a cell camera of the Defendant’s cell phone; and (c) sought to identify the Defendant’s cell phone, the Defendant assaulted the Defendant by asking the Defendant’s right shoulder.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of the photographic Acts and subordinate 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 defendant's assertion as to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is a legitimate defense or excessive defense to defend the infringement of the victim's arms in light of the circumstances of the crime of this case recognized on the record, etc., there is no objective evidence to acknowledge that the victim had committed the act of selling the victim's arms prior to the victim's death, and the victim took the body of the victim's cell phone in order to secure evidence. The victim's motion to delete his/her photograph, and claimed that the victim was selling his/her cell phone. However, the victim did not accept the defendant's assertion because there is no objective evidence to prove that the victim had committed the act of selling the victim's arms prior to the victim's death, and it does not constitute a justifiable act that does not violate social rules.

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