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(영문) 부산지방법원 2018.01.24 2017고정1664
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 24, 2016, the Defendant: (a) purchased the Defendant’s arms from 31 Busan District Court of the Republic of Korea on August 14, 2016 to 31 Busan District Court of the Republic of Korea (the 38 years old); and (b) paid the money at any time.

Based on “The victim’s chests were tightly sealed once by two descendants, the victim’s hair was tightly cut off once by one time, and the victim’s hair was blicked by hand, etc.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A copy of the police interrogation protocol regarding C (the defendant and his defense counsel merely pushed the victim's chest at one time, and this constitutes legitimate defense as an act to oppose the victim's assault. However, according to the evidence in the judgment of the court, it is acknowledged that the defendant committed an assault as stated in the facts of the crime in the judgment of the court, and in light of the motive leading up to fighting between the defendant and the victim, the process and degree of fighting, etc., the defendant's crime of this case has the character of the act of attack at the same time as an act of attack against the victim's legal interests, and thus, it cannot be deemed that the above act constitutes a case where there is a considerable reason for defending the current infringement of the victim's legal interests. Thus, the crime of this case

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

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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