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(영문) 수원지방법원 안양지원 2016.05.13 2015고정1179
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On July 22, 2015, the Defendant assaulted the victim by drinking on one occasion the victim’s right side knee, knee, knee, on the ground that the victim D (35 years) was set up on the Defendant’s bridge while the Defendant was seated in 102, 303, Kapo-si apartment C, a Dopo-si, a residential area around 21:30, and was able to view TV.

Summary of Evidence

1. Application of the witness D’s statutory statement legislation;

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. 소송비용 부담 형사 소송법 제 186조 제 1 항 피고인 및 변호인의 정당행위 주장에 대한 판단 피고인 및 변호인은 피해자가 자신의 다리를 피고인의 다리 위에 올려놓자 이를 내리고자 왼손바닥으로 피해자의 허벅지를 밀듯이 툭 친 것으로서 정당행위에 해당한다고 주장한다.

On the other hand, the defendant's act is not reasonable in the means and method, and it was an urgent and inevitable means to deem that the defendant's act was reasonable in the means and method, on the ground that the defendant had his/her own bridge on the defendant's bridge.

As such, it does not constitute a justifiable act.

Defendant

We cannot accept the assertion of defense counsel.

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