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(영문) 서울동부지방법원 2021.03.25 2020고정1034
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 and the victim B ( South, 54 years old) are those engaged in loading and unloading in the C market.

around 12:50 on May 29, 2020, the Defendant listened to the horses that the victim is disputing E and scisfed at the loading station in Songpa-gu Seoul Metropolitan City C market D, leading the victim with his left arms as they cut off, leading the victim’s sphere, leading the victim’s sphere, sphere with his hand, and sphere on the floor after cutting the breath of the victim’s sphere with his hand, and then cutting the victim’s sphere

In addition, the victim committed violence at one time by hand against the victim during the process of punishing the defendant and the scam in which the victim scams occurred while the victim speaks the victim with the defendant and the victim.

Summary of Evidence

1. The defendant asserts that some of the legal statements of the victim B, who was partially the victim B, to capture the CCTV on the main surface of the CCTV, which was partially damaged by the victim B, a copy of the video-siteCCY video CD [the defendant and the defense counsel only told the victim's fighting and did not assault the victim.

However, according to the evidence duly adopted and examined by this court, the defendant told the victim's fighting.

Since it is recognized that the victim committed violence, such as facts constituting an offense, by exercising a strong force to the extent that it is difficult to see, the above argument is without merit.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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