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(영문) 서울남부지방법원 2013.04.04 2012고정3745

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 12, 2012, around 15:38, the Defendant: (a) parked the Eone Star car at the back side of the parking lot at the entrance of Geumcheon-gu Seoul Metropolitan Government “D Hospital”; (b) refused to demand the victim F (F) to “if another vehicle desires to leave the parking lot, to change the parking lot”; and (c) subsequently, at the end of the dispute, assaulted the chest on the two hand floor with the two hands, at the end of the dispute.”

Summary of Evidence

1. Protocol of examination of the witnessF;

1. A protocol of partial police interrogation of the accused;

1. Application of the police protocol of statement to F;

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

1. The Defendant asserts to the effect that the illegality of the instant crime constitutes self-defense as an act to defend the Defendant from the victim’s assault.

However, in light of the motive and circumstance leading up to fighting between the defendant and the victim, the process of fighting, the degree and result of the victim's injury, etc., even if the victim first committed an assault against the defendant, the crime of this case cannot be seen as self-defense since the crime of this case has the nature of the defendant's attack against the victim's attack. Thus, the defendant's assertion cannot be accepted.