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(영문) 서울남부지방법원 2020.06.18 2020고정113
폭행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 22, 2019, at around 14:55, the Defendant used a toilet in the skin cream room operated by the victim C (the age of 27) of the third floor of the Guro-gu Seoul building B, Guro-gu, Seoul (the age of 27) even though the victim C is not a scambing customer. He heard that 1,000 won is inside the scambing, and he blucing the victim C's body with the blue bluor C's face mixed with water purifiers by pushing the victim C's body, blusing the victim's face, causing the victim C's injury, such as scam and tension for about 10 days in need of medical treatment, and the victim E (the age of 38) who refrains from doing assault to drinking the chest part of the victim E (the age of 38).

2. 모욕 피고인은 제1항과 같은 일시, 장소에서 7여명의 손님들이 있는 가운데 피해자 C에게 "이런 썅년이 어디 손님에게 이따위 대접을 하느냐, 뭐 이런 또라이년이 다있어“라고 큰소리로 말하여 공연히 피해자 C을 모욕하였다.

3. Intimidation the victim C at the time, time, and place, such as Paragraph 1, stating that “Inward F 40 years to death, I would be able to be able to engage in a funeral service,” thereby threatening C.

Summary of Evidence

1. Partial statement of the defendant;

1. C and E legal statement;

1. CCTV images;

1. In relation to the injury of the victim C, the defendant asserts that, with respect to the injury of the victim, the defendant committed an act to the extent that the victim actively prevented the victim from harming the dispute with the victim, and thereby, was not a passive defensive act. However, in light of all circumstances such as the cause of the occurrence of the instant case, situation at the time, and the degree and content of the act of violence committed by the defendant, the defendant's act goes beyond the limit of passive defensive act, and does not constitute self-defense. The application of statutes does not constitute self-defense.)

1. The corresponding provisions of the Criminal Act concerning criminal facts; and

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