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(영문) 서울중앙지방법원 2020.10.07 2020고정704
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

Criminal facts

The defendant's oral repair hole is between the victim B (76 years of age) and the victim.

On December 12, 2019, around 10:40 on December 12, 2019, the injured party demanded the Defendant to turn off the broom while running the broom before the oral repair shop operated by the Defendant in Jongno-gu Seoul, and caused the Defendant to talk with and take a bath for “I dratland?”

Therefore, the victim used about 3 times the head and shoulder part of the defendant using a dangerous aluminium stick, which is a dangerous object for the reason that the victim is in fire, and assaulted at one time the head and the shoulder part of the defendant.

The Defendant set up against the above assault by the victim at the above time and place, and committed an assault by booming the victim’s neck by hand.

Summary of Evidence

1. The defendant's partial statement in court, each police interrogation protocol of the defendant B, photographs of some of the defendant's faces, stick photographs and shot photographs;

1. Application of Acts and subordinate statutes to a report on investigation into images of a video CD (Attachment of a photographic photo taken by a shot player D) (report on the confirmation of screen pictures of a shot player);

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. The Defendant asserts that the Defendant’s assertion of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) is unlawful as it constitutes legitimate self-defense, since the Defendant merely carried the victim’s face and carried the victim’s face in order to defend him/her according to the picture.

According to the evidence, such as the video images of the video CD adopted and investigated by this court, the part of the defendant's head and shoulder with the stick while the victim is showing the defendant's head and shoulder, and the stick is carried.

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