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(영문) 대전지방법원 2019.01.17 2018고정504
상해
Text

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

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

Reasons

Punishment of the crime

The Defendant is a “C” employee who is a logistics subcontractor, and the victim D (year 45) is a “E” employee who is the logistics subcontractor of the above department store.

On January 25, 2018, at around 08:00, the Defendant: (a) committed assault against the victim’s breast part of his chest by hand on the ground that the Defendant resisted the employees working at the company to which the victim belongs, and the Defendant was deprived of the employees working at the company to which the victim belongs.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Application of the Acts and subordinate statutes governing D and G’s respective legal statements;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act selecting a penalty;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act (the defendant and his/her defense counsel argued to the effect that the defendant's assault of the victim constitutes self-defense or legitimate act to restrain the victim's behavior of interference with his/her duties. However, in light of the behavior of assaulting the victim's breast part by first pushing the victim's chest with his/her finger part in his/her hands while the defendant was in dispute with the victim, the defendant's act may be judged to have exceeded the extent permissible by social norms, and thus, the defendant's act of self-defense or legitimate act cannot be accepted. The prosecutor held that the non-guilty part of the non-guilty part of the charges charged against the victim's witness and the victim's witness who was working at the company belonging to the victim's company around 08:00 on January 25, 2018, held the victim's 4th underground logistics of the Seo-gu Daejeon-gu, and held the victim's defendant's fault and other contents.

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