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(영문) 수원지방법원 2017.08.10 2016고정2817
폭행등
Text

Defendant shall be punished by a fine of 600,000 won.

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

Reasons

Punishment of the crime

1. On July 4, 2016, the Defendant of assaulted on July 4, 2016: (a) on July 4, 2016, the Defendant: (b) on July 4, 2016, the victim D (n, 77 years of age) at the back of the 102 unit of the 102 unit of the Young-gu, Young-gu, Young-si, Gungdong-si, Gungdong-si, Gungdong-gu, Gungdong-gu

In doing so, "I Dog and the victim do not want to sing for the same year", I am bling the victim's left arms and assaulted the victim's left arms.

2. On July 14, 2016, the Defendant stated that the charges of assaulting on July 14, 2016, the change of the victim’s left hand by stating that “the victim D, who passed the back convenience garden of the F Care Hospital located in Heung-gu, Young-gu, Young-si, would be “the opening of the same year” and “Cyp year” as “the victim’s left hand hand hand hand,” in the form of assault by the Defendant. However, according to the witness H’s legal statement, etc., according to the witness H’s statement, the Defendant appears to take the victim’s left hand hand, and even if it was corrected without any changes in the indictment, it would not interfere with the Defendant’s defense right. Thus, the correction is made as above.

Violenced.

Summary of Evidence

1. Each legal statement of witness D, G and H;

1. Application of statutes on site photographs;

1. Relevant Article 257 of the Criminal Act and Article 257 (1) of the Criminal Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 of the Provisional Payment Order [The defendant and his defense counsel] argues that with respect to the crime of the defendant on July 14, 2016, the victim took a hand to defend him by acting as the defendant's eye as he did with the defendant's eye, and that this constitutes a legitimate act or a legitimate defense, which constitutes a passive resistance, and thus, the illegality is dismissed.

However, in light of the circumstances of the crime, the defendant was able to defend the victim from her eye, and actively damaged the victim rather than the victim.

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