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(영문) 의정부지방법원 고양지원 2014.08.29 2014고정655
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On February 23, 2013, the Defendant: (a) around 08:15, the Defendant confirmed that the Defendant was winding, such as the Defendant’s wife flick-ro 141-ro, Goyang-gu, Goyang-gu, Goyang-gu, Goyang-gu, 141-ro, 58, in front of the apartment of the mountain site, and confirmed the Defendant’s wife’s body flick-ro, with the Defendant’s body flick-ro flick in front of the mountain site, and demanded the Defendant to open the front door of the vehicle to prevent the Defendant from escape if the Defendant’s body flick-gu “nick-gu, flick-gu, flick-gu, flick-gu, flick-gu,” but the Defendant’s body fl

In the process, the Defendant committed violence, such as opening a chief door and starting a vehicle in a state where the victim gets on the front, and starting the vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act on the Legal Statement of Witness C

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

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel asserted to the effect that the Defendant committed the instant crime in order to avoid an act without any obligation, such as inducing the victim’s wife to mistake his relationship with the victim, claiming vehicle height, etc., and thus constitutes self-defense or legitimate act. Thus, in light of the motive, circumstance, means and method of the instant crime, the result of damage, the relationship between the Defendant and the victim before and after the instant crime, and the degree of the Defendant’s behavior and assault, etc., the Defendant’s act is a justifiable act that does not violate the current unfair infringement of his or others’ legal interests, or social rules.

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