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(영문) 창원지방법원 통영지원 2016.03.07 2015고정685
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

Criminal facts

The defendant and B ( South, North, and 27 years old) were married in November 2014, or married couple or a woman of character different from others.

1. On October 2014, the Defendant assaulted on several occasions the victim B’s buckbucks, face, head, shoulder, and spacks, on the ground that the Defendant 708 of the C Apartment apartment at Wolcheon-si and the Defendant did not know the reasons, and that he spacks and spacks himself.

2. On November 201, 2014, the Defendant, while fighting married at the same place as indicated in the above paragraph (a), committed several violences on the victim B’s her head and head.

3. On May 31, 2015, the Defendant assaulted the victim B’s buckbucks, her mucks, and her mucks, on several occasions, while fighting between the Defendant and his/her husband at a low time.

4. On June 26, 2015, the Defendant, at around 10:0, at the same place as described in the foregoing paragraph (c), committed marital fighting, and assaulting the victim B’s head and side interest on several occasions due to drinking and growth.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect B of the police;

1. Video CDs;

1. Determination as to the defendant's assertion of damaged photographs

1. The defendant asserts to the effect that it constitutes a legitimate defense or legitimate act set up against a victim who abandons or uses violence at the time, or that it is a crime under the mental or physical weakness.

2. However, in light of the background of the instant case and the situation at the time of assault, etc., the Defendant’s above assertion cannot be accepted in its entirety (see, e.g., Supreme Court Decision 2006Do134, Apr. 2

1. Article 260 (1) of the Criminal Act and Article 260 of the same Act concerning facts constituting an offense, and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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