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(영문) 수원지방법원 2018.02.01 2017고정2805
폭행
Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. On May 3, 2017, Defendant A: (a) discovered that the Defendant was under the influence of alcohol at “Esing room located in Young-si, Young-si; (b)” located in “Esing room” in “Esing room; (c) discovered the Defendant’s smoking at the same time; and (d) made the Victim B, who is the owner of the business, said place, said Defendant assaulted the Victim B by drawing the Victim’s timber and chest into his hand.

2. The Defendant, at the time, and at the place specified in paragraph 1, inflicted an injury on the victim A, such as a shoulder, which requires approximately 10 days for the victim, by putting the victim’s chest over twice by hand.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A damaged photograph;

1. A written diagnosis of injury;

1. As a result of the CD reproduction of CCTV video data [Defendant A, by taking the same attitude that Defendant B would inflict harm on women accompanied by him, did the same act as indicated in the facts charged, and Defendant B asserted to the effect that his act constitutes legitimate act or legitimate defense.

However, in full view of the evidence duly adopted and examined by this court, the Defendants appear to have committed the same crime as indicated in the facts charged as an attack, at the same time, as an attack, with the intent to attack one another due to a smoking problem, etc., and thus, it cannot be deemed as a legitimate act or a legitimate defense.

All defendants' arguments are rejected.

Application of Statutes

1. Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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