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(영문) 대전지방법원 2017.02.16 2016고정1559
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

C is a person who sold a collection facility in the Daejeon Dong-gu D market, and the defendant was a person who visited the above D market to purchase a collection facility.

C was the defendant's waiting for the sale of sublimea, and the defendant was driving away from the customer.

In misunderstanding, the Defendant and C have made an oral dispute.

On July 11, 2016, around 14:17, the Defendant used the parts of the elbow part of the victim C (V, the age of 62) to display the elbow part after leaving the floor together with the victim's body fighting in the above D market.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Photographs (the photograph taken by the suspect's parts of damage) (the defendant and his defense counsel asserted that, against the attack of C, the defendant only has the face-to-faced part of the other hand-to-face from the defense vehicle to the defense vehicle.

In full view of the following: (a) the Defendant’s act cannot be deemed as a legitimate defense in light of the method and degree of violence and the process of dispute; and (b) the above act of the Defendant cannot be deemed as a legitimate defense; and (c) the above assertion is rejected.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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