logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.06.22 2018고정353
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

On January 20, 2018, at around 15:40 on the Seo-gu Seoul Mayor, the Defendant assaulted the victim’s face, against the assault, such as: (a) 8 times the Defendant’s face-to-face with the left hand, and 8 times the breath, 8 times the breath, 8 times the breath, and 8 times the breath, and 8 times the breath of the breath; and (b) breathing the breath, booming the flab, and booming the flab, etc.; and (c) booming the cell phone to the victim’s face; (d) 3 times the breath of the breath in his hand, the breath of the breath, and bucking it twice.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. A written diagnosis of injury;

1. CCTV images, CDs and other closure photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

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. The defendant and his defense counsel asserted that the defense of the political party of Article 334(1) of the Criminal Procedure Act was legitimate in the order of provisional payment order. Although the defendant had a single-half secret-friendly relationship with the victim by his/her hand, this means that the defendant was made as a legitimate defense in the situation where he/she suffered a unilateral attack from the victim.

According to the above evidence, although the defendant was subject to violence in advance from the injured person, the defendant committed the assault by other persons despite other persons' speech the injured person while harming the defendant. In light of the degree and situation of the assault committed by the defendant, the defendant's act does not constitute a legitimate defense.

Therefore, the defendant and his defense counsel cannot be accepted.

The degree of assault for the reason of sentencing is not limited, and the circumstances leading the defendant to commit the instant crime are considered.

arrow