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(영문) 서울중앙지방법원 2020.09.10 2020고정481
폭행
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in cargo transport business.

At around 20:00 on August 26, 2019, the Defendant, at the house of the victim D (ma, 27 years of age) located in the building B in Gwanak-gu in Seoul Special Metropolitan City, set up a small wave and scarb, which was purchased through Gona, and did not bring about a scarb, which is the work tool required by the victim, while setting up the small wave and scarbs. The Defendant used the victim's chest by knife and knife the knife of the victim's chest due to knife and knife, and assaulted the victim's chest by knife from the parking lot in the building lot B.

Summary of Evidence

1. Legal statement of witness D;

1. Voluntary report;

1. Application of Acts and subordinate statutes to recording books;

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

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

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

1. The alleged defendant and his defense counsel stated that at the time of the crime of this case, the victim would go against the defendant as the time the crime of this case was committed, and the defendant was only tightly friendly to avoid this, and that this is a self-defense or an act of necessity.

2. According to the evidence revealed earlier, the defendant was aware that the defendant was satisfing the victim's chest with the victim's chest by hand, and continuously satisfing the victim's chest with the victim's finger, and he was satisfing and satisfing the victim's chest with the face, and it is difficult to view that the victim was satisfing the victim's chest with the victim's finger, and therefore, the above argument by the defendant and the defense counsel is without merit without further examination.

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