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(영문) 춘천지방법원 속초지원 2019.07.10 2018고정72
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

At around 19:20 on January 10, 2018, the Defendant, at the entrance of the Manyangyang-gun National Highway No. 7, the Defendant used the Manyang-gun car on the national highway No. 19:20, when the victim C (the age of 45) who was mariing from the opposite direction to the wind of the Gap-ray her own central line was frighted to play, and when the victim C (the age of 45) who was maried from the opposite direction to the wind of the hen central line was frighted to play, assaulted the victim on the part of the victim on the ground that the victim took a bath.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s written statement [The defendant and his defense counsel] is merely the defendant’s act of keeping his arms out from a defensive vehicle in a timely fashion so as to cover the victim’s right first, and thus, the defendant’s act constitutes self-defense or legitimate act. However, the defendant’s act cannot be deemed as a passive resistance by taking breaths of the victim’s hand, and thus, the above assertion is not accepted.] The application of the law is not accepted.

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of the instant case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that there are a large number of criminal records against the Defendant, but there are no criminal records for the past ten years, etc., the sentence as set forth in the order shall be determined by taking into account all the factors of sentencing.

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