logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.12.14 2017고정994
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On November 12, 2016, at around 04:52, the Defendant: (a) deemed the victim E and 2 male-gu women’s friendship in front of Yang-si, Gyeonggi-do, as one woman-friendly Gu, in which the victim E and two male-gu women’s friendship are located in the house; (b) misunderstanding that the victim E look at the house, and assaulted the victim E in a way that they breath, sound, and assault it.

Summary of Evidence

1. Legal statement of witness E;

1. The defendant and his defense counsel asserted that the crime of this case constitutes excessive defense due to fear, etc., at night or under other extraordinary circumstances, or an excessive act due to fear, etc., because the defendant, who was assaulted by the victim first, did not escape from the victim.

However, the circumstances acknowledged by the record: (a) at the time of the instant case, both the Defendant and the victim were under the influence of alcohol; (b) at the time of the instant case, the Defendant and the injured person were in a vision and deemed to have been assaulted by the victim; (c) at the time of the Defendant’s breathing, the Defendant did not inflict any harm on the Defendant; (d) however, the Defendant continued to contact the victim’s body by drinking breath, etc.; and (e) the victim said, at the time of the Defendant’s breathing, the victim called “I will not have to breath it”

In light of the fact that the defendant and the victim were arrested as the current criminal because they did not control the police officer's attempt to commit violence while making a mutual inquiry with the defendant even at the time when the police officer called upon 112 report, etc., the defendant's act constitutes defensive act.

more than 100

The above argument shall be deemed to have the nature of affirmative attack, and it is difficult to view it as a legitimate act socially reasonable, and all of the above arguments shall not be accepted.

Application of Statutes

1. Criminal facts;

arrow