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(영문) 서울북부지방법원 2017.02.02 2016고정1373
폭행치상
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The victim C is a person living in Seoul Special Metropolitan City, Nowon-gu 204 Dong 1001, and the defendant and E are those living in the above apartment 204 Dong 1101.

On November 27, 2015, at around 21:30, the Defendant: (a) committed an assault from the victim C; (b) and (c) committed an assault, such as fating fat of the said victim’s fat; and (d) fating the victim’s hand, and fating the victim’s hand, thereby causing the victim to suffer an injury to the external wound fatt fat of the water fating fat of the right side where treatment is required for approximately six weeks; and (b) on the 1st hand, the Defendant suffered an injury to the victim.

Summary of Evidence

1. The legal statement of the witness C;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the selection of punishment for a crime (opportune)

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

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act alleged that the Defendant’s act in the judgment of the Defendant was committed against the Defendant’s wife by assaulting the Defendant’s wife and thus constitutes legitimate defense. However, in light of the circumstances acknowledged by the evidence above, the Defendant’s act cannot be deemed as constituting a legitimate defense in light of the following: (a) the background, motive, and means and consequence of the act in this case

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

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