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(영문) 수원지방법원 안산지원 2021.01.13 2020고정957
폭행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 21, 2020, around 23:51, the Defendant assaulted the victim's snow part once and several times on the part of the victim's body on the ground that the victim D ( South, 36 years old) was living in Ansan-si apartment B's neighboring India, and that the victim D ( South, 36 years old) was living in his house.

Summary of Evidence

1. The defendant asserts that an examination site photo of the police interrogation protocol on the defendant's partial statement D (a fact that the defendant was committed when the victim was committed is recognized, but it is for the purpose of defending the victim's unfair infringement, so it constitutes a legitimate defense.

The Defendant and the victim stated in the police that they developed into fighting with the other party by using violence first, and the Defendant stated that the victim was suffering more damage by cutting back cage at the victim’s cage while the victim was flick.

The defendant, as to the background of fighting in the police, "the victim was able to see the road and the victim was able to do so, and the victim was able to do so.

In tending, the victim was at the time of the victim, and the defendant was living the head side while avoiding it.

Since it is possible to find up side and unilaterally, it has been forced to defend against the defense.

If we did not set up at the time, I would like to look before the wife.

“The statement was made to the effect that “........”

As can be seen, the Defendant and the victim first exercised violence, but there is different arguments between each other, the statement is consistent with the fact that the Defendant and the victim used fighting, and the Defendant cannot unilaterally find the Defendant before it, thereby setting up against the victim.

Since the defendant's act is stated, it is difficult to regard the defendant's act as an act to defend unfair infringement of his legal interest.

Even if the victim's behavior at the time was the defendant's speech, it seems that it was a fighting between the parties, and the defendant's act was aggressive.

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