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(영문) 대구지방법원 안동지원 2018.07.24 2017고정214
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant and C operate Eart in Ansan-si D as a couple, and is a victim F (41 tax)'s external third village and a person with an outer baby.

C Around September 11, 2017, around 19:09, when the summary order became final and conclusive, the victim was assaulted twice the victim’s face with the hand room by stating that the victim was found and “the Defendant and C sent a false answer.”

As above, the Defendant: (a) committed assault against the victim by harming C’s part of the part of the victim’s neck in Mart; and (b) assaulting C’s part of the victim by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

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

1. Application of the Acts and subordinate statutes for reporting internal investigation (cd attachment, etc.);

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. As to the Defendant’s assertion of Article 62(1) of the Act on the Suspension of Execution, the Defendant and the defense counsel asserted that the instant crime is not guilty as a justifiable act.

In light of the above evidence, it is recognized that the victim of the kyman who takes a bath to the defendant's wife C, and C took the victim's boom, and in order to remove the two between the defendant and the defendant, the victim's boom and the victim's boom is found.

Therefore, even though there are extenuating circumstances such as the relationship between the Defendant and the victim, the circumstance leading to the instant crime, etc., it is difficult to view the Defendant’s act as “a justifiable act that does not go against social norms” in light of the following: (a) the fact that the victim does not seem to have any specific circumstance to inflict any harm on C; and (b) the Defendant’s physical parts of the victim’s body and strength, and the degree of physical force inflicted on the victim.

However, the above circumstances and the defendant have no particular criminal history, and the defendant's other person.

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