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(영문) 수원지방법원 여주지원 2017.06.27 2017고정99
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 27, 2016, around 06:10, the Defendant found the victim D(67) as the house of the victim D(67) located in Echeon-si C, and the victim brought about a dispute with the victim on the ground that the victim was frighting the street, etc. in front of the Defendant’s house at night immediately before the night, and was sleeped with the victim on his hand by her hand at one time after bucking the victim’s buck and breathing.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Two-time suspect interrogation protocol against D (the Defendant’s “Wood with buck and breath with breath)”

The application of laws and regulations to the effect that a victim’s statement to this effect is specifically and consistently reliable from an investigative agency to this court.

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was that the Defendant flabed with flabbbage of the victim, but this constitutes a legitimate defense, where the injured party first flabs the Defendant’s arms and flabs the Defendant’s arms and fla

2. The following circumstances acknowledged in accordance with each evidence of the judgment, namely, ① the victim appears to fall under the Defendant’s arms in order to keep the Defendant’s arms against her buck and escape from her breath, ② not only the Defendant’s breath was generated in the course of dispute with the victim (the victim was issued a summary order of KRW 1 million as an assault against the Defendant’s act of taking the Defendant’s arms) but also the Defendant’s and the defense counsel’s assertion cannot be accepted, given that the Defendant’s act constitutes legitimate defense.

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