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(영문) 서울남부지방법원 2020.11.26 2020고정1570

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

At around 20:40 on January 14, 2020, the Defendant assaulted the victim, such as the victim’s face at the front of the building Geumcheon-gu Seoul, Geumcheon-gu, Seoul, on the ground that the victim C, who was under the stairs on the floor of the toilet of the first floor of the above building, was informed about facing the toilet door on the ground that the victim was informed about him/her, and that he/she was informed about him/her that he/she faced with each other.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning suspect interrogation of C;

1. Application of investigation report (CCTV image verification), case video CD-related Acts and subordinate statutes;

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. As to the Defendant’s assertion of Article 62(1) of the Criminal Act (except for a fine imposed once in the near future, the victim did not have a previous conviction, and the victim committed an offence by citing and opposing mobile phones, and the victim suffered bodily injury, such as tear tearing, etc. due to an attack by the victim), the Defendant and the defense counsel asserted that the Defendant committed an assault against the Defendant, such as the victim’s face when the victim faces face and bat, etc., but did not fit the victim. Even if the victim was faced with the victim, it constitutes self-defense as an act to defend the victim’s unfair attack, and thus, it constitutes legitimate self-defense.

2. The following circumstances, which can be recognized by this Court by comprehensively taking account of the evidence adopted and examined by this Court, that is, the Defendant was fighting with the body of the victim by opening a toilet door, such as the victim's scambling the body of the victim while being scambling with each other, and the victim first displayed the victim's drinking flag against it.