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(영문) 인천지방법원 2013.12.20 2013고정4036

폭행

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On June 19, 2013, around 21:30 on June 21, 2013, the Defendant: (a) committed assault against the victim’s breath by destroying the safety of G, which is the seat of the victim F (32 years of age) in the second floor of “Enogate” located in Seo-gu Incheon, Seo-gu, Incheon; and (b) assaulting the victim’s breath by using the bridge.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

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

1. The defendant's judgment and defense counsel's assertion as to the defendant's and defense counsel's assertion under Article 59 (1) of the Criminal Code (the previous absence of the previous one, the defendant's injury requiring medical treatment for about 8 weeks in the instant case, the circumstance of the instant case, the degree of assault, etc.: fine of 300,000 won per day, and detention in a workhouse: 50,000 won per day) of the suspended sentence (the defendant's act mentioned in the facts of crime is a passive defensive act to protect the life and body of the defendant against the victim's assault, and such act constitutes excessive defense under Article 21 (1) of the Criminal Code or excessive defense under Article 21 (3

In light of the above circumstances, even though the victim was aware of the her her bbage of the defendant, the defendant's act was not for the purpose of defending an unfair attack, but for the defendant's her bage against one another. Thus, the act of the defendant was not for the purpose of defending an unfair attack, and it cannot be deemed as self-defense or excessive defense, since the harmful act is the same as the act of attack at the same time as the act of attack.

(See Supreme Court Decision 2000Do228 delivered on March 28, 2000, etc.). Therefore, the above assertion by the Defendant and the defense counsel is asserted.