beta
(영문) 대구지방법원 안동지원 2017.11.07 2017고정66

폭행

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

On August 22, 2016, at the victim C, who is a tenant located in B at a permanent residence around 22:20, the Defendant: (a) knew that the victim returned home was blocking electricity; and (b) took the Defendant’s room against the victim; and (c) subsequently, assaulted the victim, such as “the victim’s flapsing into his residence” and “the victim’s flapsing into his house,” and flapsing the victim’s flapsing against the Defendant, and flapsing the flaps, and flapsing the flapsed on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant's act constitutes legitimate acts to defend the victim C's assault, which fall under legitimate defense or do not violate social norms.

2. Generally, determination is based on the following facts: (a) an ordinary act of attack and defense was committed between the persons who put up the fighting match and an act of attack and defense was committed simultaneously; and (b) an act of defense was a legitimate act to defend one party by deceiving only one party’s act, barring special circumstances.

(1) In the instant case, each of the aforementioned evidence (in particular, the witness of a fighting match and the statement at D’s police that reported to the police) can be acknowledged that the instant fighting match started while the Defendant put in physical fighting with the victim C and took a desire to do so. In such a case, the exercise of force that occurred during the said process constitutes an attack at the same time against the other party, which constitutes an attack against the other party.