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(영문) 울산지방법원 2016.05.27 2015고정1735
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The victim C, on August 20, 2015, at the front of the D Apartment apartment in Ulsan-gu, Ulsan-gu, Seoul around 00:40 on August 20, 2015, on the ground that the Defendant calculated the fare increased during the hours in which the Defendant was settled to get off from the E-si in the operation of the Defendant, and the Defendant and the si became the Defendant and the sib in the taxi.

Accordingly, the defendant was assaulted by having the victim's chest from the taxi and the victim's breast during the trial.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes on motor vehicle booms image;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is the fact that the defendant is closely aware of the victim, but it is a passive resistance against the victim's attack, which is a legitimate defense or a legitimate defense.

2. We examine the judgment, the evidence mentioned above, and in particular, according to the video of the vehicle black box in which the assault site of this case was recorded, the fact that the defendant abusedd the victim as stated in the facts charged of this case is sufficiently sufficient, and it is difficult to view the defendant's act as passive resistance as argued by the defense counsel or as a legitimate defense defense.

Therefore, the above argument by the defendant and his defense counsel cannot be accepted.

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