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(영문) 서울동부지방법원 2021.01.26 2020고정820
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On December 20, 2019, around 17:00, the Defendant used the victim’s head one time on the street room at the entrance of Songpa-gu Seoul Underground 1, Songpa-gu, Seoul, for a dispute with the victim D (the victim South and the age of 61) having changed the victim’s 2 million won who had not been able to deliver an over-day delivery to the Defendant. The Defendant used the victim’s head at one time on the hand on the ground that the victim’s head was able to prevent the victim from going to the above C from going to the street.

Summary of Evidence

1. The witness D and E’s each legal statement [The defendant and his defense counsel asserted to the effect that the act of the defendant does not constitute a justifiable act in light of the circumstance, content and degree of the assault, and the degree of damage inflicted by the assault committed in the judgment to the effect that the assault committed by the defendant was committed in the course of preventing the defendant, and thus, constitutes a justifiable act

Application of 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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