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(영문) 수원지방법원 여주지원 2018.02.06 2017고정355
폭행
Text

Defendant shall be punished by a fine of KRW 400,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

around 09:45 on May 29, 2017, the Defendant assaulted the victim D (the 62 years of age) on one occasion with his/her face part at one time and one time with his/her hand on one occasion with his/her face part at one time with his/her hand, against the victim’s assault, and assaulted the victim’s chest part at one time, three times with his/her hair part at one time, and one time with his/her starboard part at one time with his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. On-site photographs;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

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

1. As to the claim of Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that it is a legitimate act that does not violate the defense of a party or social rules, since the Defendant merely committed an assault against the victimized person to escape from his/her current danger.

According to the records, since the defendant's act of pricing against the defendant seems to have caused the other party's act of violence, it cannot be viewed as a legitimate defense, and it cannot be viewed as a legitimate act that does not go against the social rules.

The reason for sentencing is that the victim first exercised violence against the defendant, and the damage suffered by the defendant is greater than the victim who is deferred in the photograph.

The sentencing conditions of Article 51 of the Criminal Code, such as the defendant's age, sex, environment, etc., are considered and judged as ordered.

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