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(영문) 서울중앙지방법원 2018.06.21 2017고정3895
폭행
Text

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

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

Reasons

Punishment of the crime

On October 27, 2017, around 21:30 on October 27, 2017, at the bus stops in Jung-gu Seoul, Jung-gu, Seoul, the Defendant: (a) boarded in the bus after obtaining the victim D’s hand; (b) thereby, he was able to get in the bus, and (c) committed assault by using the victim E’s back timber and arms, and then selling the victim E’s right side of the bus.

Summary of Evidence

1. Each legal statement of witness D and E;

1. A protocol concerning the examination of suspects of D;

1. The written statement by the police against E [the defendant and his defense counsel claim that D was sold by getting on and out of the bus, and that E was at the price of E with his own bank, and that E did not have the intention of assault. Thus, according to each of the above evidence duly adopted by the court and duly adopted and examined by the court, the defendant's act is deemed to have the character as an attack, and thus, it can be sufficiently recognized that there was an intention of dolusor assault by the defendant.]

Application of Statutes

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The defendant and his defense counsel's assertion as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is an act committed by the victim D with intent to get a bus about to escape, and thus, they are justifiable acts.

In order to recognize such legitimate acts, first, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protective benefit and the benefit of infringement, fourth urgency, and fifth act.

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