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(영문) 춘천지방법원 원주지원 2017.08.23 2017고정158
폭행
Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 500,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On January 31, 2017, the Defendant 1: (a) 19:30 on the 19:30s, the Defendant 1: (b) shacked the victim F ( South, 39 years of age to the “E restaurant”; (c) shacked the victim’s back water into the “E restaurant”; (d) shacked the victim’s head by hand; (b) hacked the victim’s face; (c) hacked the victim’s head by hand; and (d) hacked the victim’s chest on several occasions.

2. Defendant B committed assaulting the victim F (son, 39 years of age) on the street in front of the “E cafeteria”, which is identical to the preceding paragraph, on the ground that he had the victim F (son, 39 years of age) report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of black stuffs);

1. The Defendants: pertinent legal provisions on criminal facts and the choice of punishment: each of the Defendants asserted that it is not unlawful as a legitimate act, since the Defendants’ choice of fines [Defendant B only sealed the victims who want to fighting passively.”

However, in full view of the circumstances such as the circumstance and degree of assault revealed by the aforementioned evidence, the above argument is rejected, since the exercise of force against the victim cannot be deemed a legitimate act that is socially acceptable in light of social norms, such as the written judgment.

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;

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