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(영문) 서울서부지방법원 2018.04.24 2017고정1250
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On August 8, 2017, around 10:24, the Defendant committed assault by spiting the victim’s face and cutting his arms and trees in excess of the victim’s arms and trees, on the ground that the Defendant was spiting the victim E (59 years of age), a management office employee of Yongsan-gu Seoul Metropolitan Government (59 years of age) prevents the gathering of spawn in the latter part of the D Park in Yongsan-gu.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness E and F;

1. Application of the Acts and subordinate statutes to the offender's place, voluntary accompanying reports, and internal investigation reports;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendant spits spits the victim’s face and spits the victim’s arms and trees, such as written in the facts charged, and uses violence by cutting them down.

However, this is the right defense of a political party due to the act that the victim spits the defendant's face first and intends to escape from the situation.

2. The following circumstances acknowledged by this court's evidence duly adopted and investigated by this court, namely, the victim made a statement from the investigative agency to this court that "the defendant was spiting or spiting the defendant, which was spiting or spiting the defendant, and the defendant was spiting or spiting the defendant." This statement is relatively consistent, not only because the victim, who is an employee belonging to the D Park Management Office, simply spit and spit the defendant on the ground that the victim was spiting and spiting the defendant on the ground that he merely spiting the victim, who is an employee belonging to the D Park Management Office, can not be seen as being spiting or spiting the defendant, and the witness of this case shows credibility, and F at the time of this court's witness of this case.

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