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(영문) 청주지방법원 제천지원 2017.12.21 2017고정100
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 September 2, 2017, around 17:36, the Defendant was proceeding on a road near the city bus platform at the entrance of the 4-ri main apartment located in the Jinyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gu, Yangyang-gu.

C Smoking inside the bus with the mobile phone, and d's d' (17 years of age) the victim who was seated after the defendant's person, d'ort d'(or 17 years of age)

“In the hands of the victim who heard the word “,” assaulted the victim’s left margin part at two times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of the ctv-cape Acts and subordinate statutes to photographs and video-recordingcad Acts and subordinate 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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. 주장의 요지 피고인은 피해자의 왼쪽 쇄골 부분을 2회 때린 것이 아니라 꿀밤을 1대 때렸고, 이는 연장자로서 미성년 자를 훈육한다는 목적으로 상당한 수단에 의하여 한 행위이므로 사회 상규에 위배되지 않는 정당행위에 해당한다.

2. According to the CCTV in which the victim’s statement and the situation at the time was recorded, the fact that the Defendant was sufficiently aware of the victim’s left top part twice.

In addition, in light of the circumstances of the occurrence of the case, the motive, purpose, means and method of the crime, the degree of damage, and the situation before and after the crime, the defendant's act cannot be viewed as a justifiable act that does not violate social norms.

Defendant

And his defense counsel's above assertion is rejected.

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