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(영문) 서울동부지방법원 2015.05.15 2014고정2139

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

On August 22, 2014, at around 20:30 on August 22, 2014, the victim (the 56 years of age) expressed that “the Defendant gets her talked with the victim “a bit of bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch, bitch bitch bitch, hump, hump, hump, hump, hump, and humb hump,” she saw the Defendant’s arms and sold with a hand

피고인은 위와 같이 피해자로부터 폭행을 당하자 손으로 피해자의 팔을 잡고 밀치고, 발로 피해자의 정강이 부분을 찼다.

Accordingly, the defendant committed assault against the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Some of the protocol of interrogation of the defendant and D about the police officer

1. The application of Acts and subordinate statutes to photographs (record No. 30 through 32 pages);

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and his defense counsel asserted that the defendant's act constitutes self-defense or a legitimate act, since they are the only passive act of defense in the process of assaulting from the victim D.

However, according to the evidence mentioned above, the defendant can recognize the fact that the victim D was able to purchase the victim's arms with the intent of attacking the quier who was the victim's own saw, and the defendant also supported the victim's arms. This cannot be viewed as a legitimate act that does not violate self-defense or social rules to defend unfair infringement of his legal interests. Thus, the above assertion is rejected.