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(영문) 수원지방법원 성남지원 2015.11.04 2015고정685
폭행
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 23:00 on November 6, 2014, the Defendant: (a) while drinking alcohol together with D with D at the Sinnam-si B “C” house; (b) on the ground that the Defendant was at the time of the Defendant’s backing of the victim, the Defendant suffered bodily injury, such as a combined pelf, which requires approximately 6 weeks of treatment on the face of the victim three occasions; (c) the Defendant assaulted the victim’s face face by setting up against the said date, at the said time, at the said place, and at one time.

Summary of Evidence

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. The defendant's assertion of the victim's photograph of the victim's use of his/her face at one time in opposition to the victim's assault, and asserts that his/her act constitutes self-defense. However, according to evidence such as the victim's statement and witness E, the defendant was removed from the victim and the defendant while he/she was wraped with the victim, it is recognized that he/she used the victim again, and the degree of the situation where the victim suffered, etc., it is difficult to view the defendant's act as self-defense, and therefore, the defendant's argument is rejected

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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