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(영문) 인천지방법원 2016.06.30 2016고정284
폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

D is the F General of E Bathing Beach, and the defendant is the G Chairperson.

On August 7, 2015, at around 11:00, the Defendant used this assault against the victim D ( South Korea, 37 years old) in front of the office for bathing beach E located in Jung-gu Incheon, Jung-gu, Incheon, and made an assault. However, the Defendant used the victim's eye, sealed the victim, collected her her mother and child in the snow part of the victim's eye, and was her part of the victim's face.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement about witness D and I [the defendant and defense counsel] only resisted against D because D used first to assault the defendant, and it was passive to avoid any assault any longer, and there was no assault against D like the facts charged in this case, and the defendant committed domestic violence.

This argues that it constitutes a legitimate defense or a legitimate act.

However, according to each of the above evidence, the defendant can be found to have committed assault against the victim as stated in the above facts of crime, and in light of the background of the case and the circumstances before and after the crime of this case, it cannot be deemed that the defendant's act satisfies the requirement of legitimate defense or legitimate act, and thus, the above argument by the defendant and the defense counsel

Application of Statutes

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;

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