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(영문) 인천지방법원 2018.11.09 2018고정1786
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On January 9, 2018, at around 23:59, the Defendant used the victim’s face in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, for a scambling day with the victim D (Inn, 43 years of age) and scambling day, and the victim was scamed by her scambling off from the floor and scambling the victim’s face.

Summary of Evidence

1. Part of the statement made by the police against the defendant, or the suspect examination protocol of the police;

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

1. The defendant asserts that a violence video CD (the defendant and his defense counsel did not have any assault against the victim, and that the defendant's physical contact with the victim was a passive resistance during the course of unilaterally being assaulted by the victim.

First of all, according to the above evidence, the defendant who was out of the victim's face, and the victim's face was sufficiently recognized by his hand (it is not intentionally committed by the defendant, but in light of the defendant's starting line, the difference between the victim and the defendant, the defendant's body, and the direction of extending part of the defendant's hand, etc.), the defendant's intention of assault is acknowledged. Next, the defendant's act of assault by the above evidence constitutes passive resistance, and the following circumstances can be acknowledged by the above evidence, namely, the defendant's act of assault between the defendant and the victim at the time, and there was an assault to the extent that the defendant's act of assault by the victim was pushed towards each other. However, at the time, the defendant's behavior and the victim did not have any big physical contact between the defendant's day and the victim. However, during the process of a dispute, the defendant's body was "at the time of leaving the victim's body" even though the victim was obstructed by the defendant, and the defendant's body was out of the victim.

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