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(영문) 서울중앙지방법원 2018.04.19 2017고정3536
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

On October 2, 2017, at around 16:14, the Defendant: (a) took a bath to the victim E, who was an engineer seated in driving seat on the D urban bus stop platform located in Gangnam-gu, for the reason that the stop was stopped in the D urban bus stop, and used assault, such as killing flaps and extinguishing KON.

Summary of Evidence

1. Protocols of examination of witnesses E;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Even if the Defendant’s assertion that “the victim had induced the Defendant’s realization by taking advantage of his or her desire, etc.,” determination as to the assertion of justifiable acts under Article 334(1) of the Criminal Procedure Act, it can be recognized that the Defendant’s physical exercise of force beyond the scope that does not go against social norms.

Therefore, the defendant and defense counsel's legitimate acts are not accepted.

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