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(영문) 수원지방법원 2018.11.09 2018고정397
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The victim C(29 years old) is a person who resides in the D Apartment 304 Dong 4, and the defendant is a person who resides in the same apartment 307 Dong 307 Dong.

On June 1, 2017, the Defendant: (a) on June 1, 2017, the Defendant: (b) opened a studio door and opened a studio door before the victim’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house’s house.

On June 2, 2017, at around 21:15, the Defendant sought the above apartment building 304, 404, and the injured party called “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY ACTSYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness C’s statutory statement law

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

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 of the Provisional Payment Order (the defendant and his defense counsel asserts that the illegality of the defendant's act constitutes a legitimate defense because it is merely a passive resistance to protect himself from an unlawful attack and escape therefrom.

However, according to the evidence duly adopted and examined by this Court, the following facts are acknowledged.

① On May 31, 2017, around 3:40, the Defendant found the above apartment building 304, 404, where the victim was living, and heard the sound in front of the victim’s house windows. The victim, recognizing the Defendant’s act, she sure, uneasiness, and fear.

(2) On June 1, 2017, around 00:40 on June 1, 2017, the victim finds the vehicle back by the defendant.

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