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(영문) 대전지방법원 2018.08.24 2018고정368
폭행등
Text

Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim B are those in a de facto marital relationship with a child living together from March 2017.

[2018 High 368] On July 29, 2017, the Defendant, against the assault committed by the victim B, around 22:30, Daejeon Tae-gu, Daejeon, 105 Dong 709, caused the female to face with her body two times, her body, and her body over the floor, thereby committing assaulting 42 days on the left side, including 6, 7, 2, 4, 5, 5, and 6 click slicks and slick slicks.

[2018 High 584] On March 11, 2018, the Defendant assaulted the victim’s head, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife

As a result, the Defendant suffered injury that requires medical treatment for 14 days, such as fluoral salt fluor.

Summary of Evidence

[2018 High Court Decision 368]

1. Partial statement of the defendant;

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

1. On-site photographs and a written diagnosis of injury (the defendant's act was committed to prevent the victim's assault, and thus constitutes a legitimate defense or legitimate act. However, in light of the degree of assault and injury inflicted by the defendant recognized by the evidence above, the defendant's act does not constitute a legitimate defense or legitimate act.

Therefore, Defendant’s assertion is not accepted [2018, 584, 201]

1. Statement by the defendant in court;

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

1. 112 Application of Acts and subordinate statutes to the 112 Reporting case processing table, on-site photographs, and death diagnosis report;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment for a crime;

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. The Criminal Act, the suspension of execution;

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