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(영문) 대전지방법원 천안지원 2018.02.08 2017고정581
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Around 11:00 on March 17, 2017, at Asan City 456 as a citizen of Asan City, the Defendant committed assault against the victims, such as: (a) the Defendant’s complaint that the Defendant would be excluded from the basic recipient; (b) the victim D ( South, 45 years old) who is an employee in charge of the Defendant’s action against the victim D ( South, 45 years old); (c) her hand on several occasions with the victim D’s buck, her hand over several times; and (d) the victim E (at 49 years old) who prevents him/her from drinking his/her left part of the victim E (at , her 49 years old).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D, F, and G [the defendant and defense counsel asserts as follows:

In order for the defendant to escape from the victim D's assault, the defendant d's flaps were laid, and he only contacted the victim E face in the process of spreading to escape from the victim E's perfect force. Thus, the defendant's act is without the intention of assault or the defendant's act constitutes a legitimate act.

The evidence duly adopted and examined by this court is that the defendant, while taking a bath at the time, place, and place of the crime, took the victim's D's knife on several occasions, and took the part of the victim's D's knife on several occasions, and took the victim's knife E while taking a bath to the victim E, he can recognize the fact that the victim's left side knife after taking the victim's knife.

Since the defendant's act is intentional, the defendant's act of assault is recognized as intentional, and the defendant's act (the victims did not first commence physical contact with the defendant, and the defendant committed an act of inflicting harm to the victims while taking a bath) cannot be viewed as a passive resistance or a justifiable act.

Defendant and defense counsel’s assertion shall not be accepted

Application of Statutes

1. Article 260(1) and (2) of the Criminal Act concerning the pertinent legal provisions and the choice of punishment for the crime.

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