(영문) 청주지방법원 2012.12.27 2012고정636

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자간(%)

(영문) 청주지방법원 2012.12.27 2012고정636

폭행

Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 02:30 on April 13, 2012, the Defendant: (a) reported that the victim D (the age of 36) was a fluencing engineer E and the horse in the 108 parking lot, the Defendant’s wife, and (b) prevented the Defendant from doing a dispute; (c) d’s hand, flucing the Defendant’s hand, and d’s hand over the floor; (d) d’s hand, flabing the flab, towing the flab, leading the flab, leading the flab, leading the flab, leading the flab, leading the Defendant to the flab, and

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses D in part of the second trial records;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The Defendant asserts that the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act against the assertion by the Defendant and the defense counsel is a self-defense in the process of reporting that the Defendant, the wife, while driving on behalf of the Defendant on a new wall, was assaulted by the victim who is the customer, and preventing him from doing so.

However, according to the evidence of the court below, the defendant's act was committed with the intent of attack beyond a mere defense, since it is reasonable to view that the defendant's act was committed with the intent of attack beyond a mere defense and it cannot be viewed as self-defense, since the defendant's act was committed with the intent of attack.

(2) The above assertion by the Defendant and the defense counsel is not accepted. Thus, the above assertion by the Defendant and the defense counsel is not accepted.

The reasons for sentencing are examined in light of the circumstances of the above assault.

참조조문

참조판례

-대법원 2000. 3. 28. 선고 2000도228 판결

유사 판례

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