(영문) 대전지방법원 2018.02.01 2017고정1641

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(영문) 대전지방법원 2018.02.01 2017고정1641

폭행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 26, 2017, the Defendant committed assault against the victim, such as getting off the cab from the si while disputing the vehicle driven by the victim D (25 years old) and the vehicle in front of the scam in front of the 614-1, which was driven by the victim D (25 years old) while driving the cab at the front of the 614-1st century, on August 26, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Relevant photographs;

1. Each report on investigation;

1. Application of Acts and subordinate statutes reporting investigation results;

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. The defendant's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act recognizes the fact that the defendant was able to get the victim's her hand and her strings. However, the defendant's assertion that it is a legitimate act permitted under the social norms of the society that occurred after the defendant was first seriously abused, and thus, according to the investigation report that confirms the video of the victim's strings taken at the victim's chest or the defendant's cab, it is difficult to believe the defendant's assertion that the defendant respondedd the victim's chest by making the victim's 4 times hand, and the defendant was pushed back by the victim's strings, and the defendant was faced with the strings of the victim's chest, but it is confirmed that there was no way to oppose the victim. In light of the circumstances such as the above, it is difficult to believe that the defendant's argument that the defendant responded to the preceding violence of the victim was consistent with the defendant's assertion.

Even if considering the circumstances and motive of the crime, situation at the time of the crime, etc., it is difficult to view such a defendant's act as an act that does not go against the social norms, and thus, the argument of the defendant and

The records, such as the circumstances of the crime of this case and the situation before and after the crime.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제260조 제1항

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