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(영문) 인천지방법원 부천지원 2016.04.29 2016고정439
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaged in the building business, and the victim B (35 years, remaining) is a doctor of C Hospital.

On December 25, 2015, at around 21:30 on December 25, 2015, the Defendant: (a) hospitalized the victim’s breast-child with the her mother who is a alcohol addict on the first floor of the C Hospital C Hospital in Bupyeong-gu, Seocheon-gu; (b) however, on the ground that the hospital did not sufficiently show her mother who refuses to be hospitalized into the hospital, and the her mother did not sufficiently show her staff to be able to move into the hospital room; (c) and (d) the victim assaulted the victim’s breast-child by using the her fluor hand in the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The Defendant asserts that the victim and the employees of the hospital set up the CCTV to go back with themselves, and the victim and the hospital employees pushed the victim with the intent to prevent the victim from being close to the hospital employees, and that the Defendant did not have the intent to assault the victim, and that the Defendant’s act cannot be punished as constituting a legitimate defense or a legitimate act.

On the part of the defendant's assertion, the above evidence reveals that the defendant, who was under the influence of alcohol, resisted to the hospital employees on the ground that her mother was not hospitalized, could have acknowledged that her mother was a citizen of the victim's chest who was next to the hospital employees. Thus, at the time of the crime of this case, the defendant had the intention of assault.

In addition, the defendant's act cannot be deemed as a legitimate defense or a legitimate act in light of the facts of the people even though the defendant did not have any assault or verbal abuse from the victim.

Therefore, the defendant's assertion of innocence is not accepted.

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 provides that a provisional payment order shall be issued.

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