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(영문) 수원지방법원 안양지원 2019.08.13 2019고단292
폭행
Text

Defendant

A shall be punished by a fine of 700,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On January 17, 2019, the Defendant: (a) around 21:55, the Defendant: (b) around the Defendant’s house located in Manyang-gu, Manyang-gu; (c) around the Defendant’s house located in the C building D, the Defendant sent his child; (d) the Defendant her spouse, who is a divorced spouse, sent his child; (d) spits the victim’s face and shoulder; (e) spits the victim’s face on a face and shoulder; (e) spits the victim’s face on a food once; and (e) assaulted the victim by taking the victim’s b

2. Defendant B disputed with the victim A (the age of 33) at the above date and time, and at the above time and place, the victim’s face was hyped once by hand, and the victim’s head was cut one time by brick, which is a dangerous object, and the victim’s head was placed on two sides in need of treatment for about two weeks.

Summary of Evidence

1. Defendants’ partial statement

1. Police suspect interrogation protocol (or partial statement) against the Defendants

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 260(1) of the Criminal Act (Selection of Fine);

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant A of the provisional payment order: Defendant B’s defense counsel in Article 334(1) of the Criminal Procedure Act asserts that Defendant’s act constitutes legitimate act, self-defense, or excessive defense.

However, there are no special circumstances, such as: (a) the act of attack and defense was conducted in a series of times between the persons who conduct the same fighting; and (b) the act of attack and defense was simultaneously conducted; and (c) the two areas of attack, the act of attack, even if they appear to be fighting one another; (d) the other party unilaterally committed an illegal attack; and (e) the other party exercised force as a means of resistance to protect himself/herself from such attack and escape therefrom.

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