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(영문) 수원지방법원안양지원 2020.09.10 2020고정258
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 19:00 on December 8, 2019, the Defendant assaulted D (52 years of age and south) and D (52 years of age) on the street in front of king-si B by means of parking problems, and assaulted D’s son’s son by means of assaulting D’s breath, “hinging from any hole,” and breathing D’s breath, by means of spreading the shape of the Defendant’s breath to the bottom.

Summary of Evidence

1. Application of the police's protocol of interrogation of suspect Eul to the police's protocol of interrogation of suspect Eul to witness D's partial statement of the defendant's court statement to the defendant's witness D to investigation report (suspect D submission and recording file attachment);

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

1. The gist of the assertion lies in the victim’s expansion of the defendant while exercising violence at the time of the instant case, and the defendant only gets the victim’s grandchildren in the process of preventing the victim. As such, the Defendant’s act constitutes self-defense and thus, the illegality is excluded.

2. The act of attack and defense conducted annually between the fighting matchers and the act of attack and the act of defense simultaneously constitute self-defense for the purpose of defense by leaving only one party's act in the event that the act of attack and defense are in the nature of both areas which are the act of attack;

(See Supreme Court Decision 2003Do4934 Decided June 25, 2004. Comprehensively taking account of the evidence duly adopted and examined by this court, the defendant is punished for trial expenses due to the following: the defendant took a bath to his/her wife; and the victim took a breath on the floor of the defendant's breath, and the defendant took a bridge against him/her. Thus, the above act of the defendant goes out of the attack of the victim.

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