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(영문) 인천지방법원 2015.02.12 2014고정3549
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 10, 2014, around 08:55, the Defendant: (a) took care of the Defendant in front of the D Child Care Center located in Seo-gu Incheon, Seo-gu, Incheon, on the ground that the victim E (the age of 55) was not flick; (b) took a bath for the reason that the victim E (the age of 55) was not flick, and assaulted the victim’s breast part toward his head.

Summary of Evidence

1. Application of the Acts and subordinate statutes on blackbox CDs;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act for the inducement of a workhouse;

1. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 59 (1) of the Criminal Code (the process leading up to the crime of this case and the contents and degree of the assault of this case are relatively minor) of the suspended sentence. The defendant's act committed an act of threatening the victim to get the victim to the scene as the defendant suffered serious assault from the victim. Since the defendant's act constitutes a legitimate act under Article 212 of the Criminal Procedure Act, the arrest of a flagrant offender under Article 212 of the Criminal Code, the legitimate act under Article 20 of the Criminal Code, and self-defense under Article 21 of the Criminal Code, it is argued that the defendant's act constitutes self-defense under Article 21 of the Criminal Code. Thus, in light of all circumstances such as the circumstance, motive, means, method, degree of damage, etc. of the crime of this case duly

It is so decided as per Disposition for the above reasons.

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