(영문) 서울남부지방법원 2017.01.19 2016고정1694

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(영문) 서울남부지방법원 2017.01.19 2016고정1694

특수폭행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On February 16, 2016, at around 05:10, the Defendant: (a) committed assault against the victim E (the remaining, 53 years of age) and the victim E (the victim E) and the Si expenses, such as flabing him with flabing, pushing himself into the wall, breaking his hair, etc.; (b) committed assault against the victim E twice the left shoulder of the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. The defense counsel asserts that the defendant's act constitutes a legitimate defense or legitimate act.

However, the following circumstances revealed by the evidence revealed, namely, ① the victim committed an attack against the defendant at the time, and the defendant did not have any particular injury due to the attack, ② the victim returned to the defendant's speech and behavior by the defendant several times before the defendant's act on the part of the defendant's person, ③ the defendant prepared to fill the knife in the main machine during his body fighting with the victim (one minute 8 seconds), and made the victim, who was the victim of the burner return to the next (one minute 21 to 28 seconds at the beginning of the image), and caused the victim to put the knife the knife in the body fighting and the body knife (one minute 1 to 28 seconds at the beginning of the image), the above argument cannot be accepted.

In addition, other circumstances asserted by a defense counsel (such as the background of the defendant's kacker possession, the details of the act at the time of the injured party, the physical difference between the defendant and the injured party, and the duties of the defendant) are difficult to affect such judgment.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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