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(영문) 부산지방법원 2017.02.15 2016고정3634
폭행
Text

A defendant shall be punished by penal detention for twenty days.

Reasons

Punishment of the crime

On May 8, 2016, the Defendant: (a) around 09:45, at the center of the Dong-gu, Busan Metropolitan City, located in 206 (Spo-dong), and (b) at around Busan, the Defendant took a bath that the victim D (V, 57 years old) in Busan, would have suffered inconvenience to other persons with disabilities using a toilet for more than 30 minutes; (c) the Defendant she sawd the victim as a treeer; and (d) the victim, “I am, I am, I am, I am, I am, I am, I am, I am the victim’s breath, I am, I am the victim’s left part of the victim’s water, and assault the victim when I can do so with drinking alcohol.

Summary of Evidence

1. Legal statement of the witness D;

1. E statements;

1. Results of the recycling of the CCTV images of the defendant;

1. Application of Acts and subordinate statutes to photographs of victims, photographs of damaged places, and CCTV images-fashion photographs;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The defendant and his/her defense counsel's assertion about the defendant's selective detention option of punishment and his/her defense counsel's assertion that the defendant's act constitutes a legitimate defense, since the defendant's act of assaulting himself/herself constitutes a passive resistance, according to the evidence in the holding, it cannot be viewed as a legitimate defense. Thus, the defendant's and his/her defense counsel'

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