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(영문) 수원지방법원 안양지원 2017.07.18 2017고정24
폭행
Text

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

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

Reasons

Punishment of the crime

Defendant

A is a C Freight driver, and the victim D(65) is a person working at the 'F' restaurant in Gunpo City E.

On September 30, 2016, the Defendant, at the above restaurant around 20:30 on September 20, 2016, provided meals to the restaurant proprietor and the horse dispute with the bidding. The victim was fluored during the horse, and was fluored by hand with the Defendant’s left hand, etc., and fluordd the victim’s body, and fluored the victim’s body in response thereto. The Defendant fluord the victim’s body and fluored the victim’s face once.

Summary of Evidence

1. Partial statement of the defendant;

1. On-site ctv video cd. applicable law

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 and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that the defendant's act constitutes a justifiable act that does not go against the social norms, since the defendant's act was a passive resistance since the victim first wraped the defendant by threateninging the defendant.

However, according to the evidence duly adopted and examined by this court, the defendant does not merely remove the victim, but does not go against the rules of society, because he spits the damaged person who was pushed down with the food board, and spits it against the victim.

subsection (b) of this section.

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

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