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(영문) 의정부지방법원 2015.04.20 2015고정79
폭행
Text

Defendant

A shall be punished by a fine for negligence of 500,000 won, and by a fine of 2,00,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At around July 27, 2014, Defendant B, while drinking at the common entrance of D Apartment 101, Dong 101, Dong 101, Defendant B expressed his desire to “I ambling,” and subsequently, Defendant B expressed his desire to “I ambling, I ambling, I am to “I ambling, I ambly? I ambly?” on the ground that the victim E, who was denied, was the other elevator, was the victim E, and assaulted the victim, by both hand, on several occasions, the part of the victim’s arms and body part.

2. Defendant A, as in paragraph (1), assaulted the victim B’s denial at the same time and place as in paragraph (1), and assaulted the victim’s face by hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. A E-document;

1. ctv video cd, video images;

1. Application of each police interrogation protocol to Defendant A and E - Defendants

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment.

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

1. The Defendant asserts that the Defendant’s act constitutes self-defense in regard to Defendant B’s assertion on the provisional payment order under Article 334(1) of the Criminal Procedure Act.

However, in the instant case, comprehensively taking account of all the circumstances such as the circumstances acknowledged by the evidence duly admitted and investigated, the contents and degree of the use of violence, etc., the Defendant’s act is at least the nature of the act of attack as a defense, and it does not constitute self-defense.

Therefore, the defendant's assertion is not accepted.

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