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(영문) 부산지방법원 2017.04.12 2016고정3800
폭행
Text

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

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

Reasons

Punishment of the crime

The criminal facts were partly revised according to the facts acknowledged within the extent that does not actually disadvantage the defendant's exercise of his/her defense right.

On May 19, 2016, the Defendant, at around 15:10, around 10, 2016, 102, the front corridor 1317, 1317, the Defendant took a bath before the Defendant’s entrance, without any particular reason, and used the victim’s desire before the Defendant’s entrance, and used the victim’s assault against the Defendant. The Defendant used the victim’s neck as his hand and assaulted the victim with the wall.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Application of Acts and subordinate statutes to police investigation reports (Presentation of suspect DNA photographs);

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant's act constitutes a legitimate defense, although the defendant was closely involved in the victim, it is merely a passive defense to prevent the victim's assault.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court: (i) the Defendant 1 took the part of the victim’s neck as his hand and pushed the victim with the wall; (ii) the witness G did not have been in a situation where the Defendant was in an urgent situation at the time of committing the instant crime; (iii) the Defendant was unable to use the victim’s neck with the wall so that the victim could not have any force; and (iv) the Defendant was able to use the victim’s neck with the wall so that the victim’s face would be prompt, and thus the victim’s life would be dangerous.

In light of the fact that the statement has been made, it is.

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