beta
(영문) 인천지방법원 2013.05.10 2012고정4879

폭행

Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 13:00 on September 7, 2012, the Defendant assaulted the victim by pushing ahead the part of the victim's neck, etc. from the victim D (the age of 32) in the long distance prior to the Namdong-gu Incheon Metropolitan City Cjun Station.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police interrogation protocol to D

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 asserts that the defendant's act constitutes self-defense, since the defendant's act constitutes self-defense in the course of resisting the victim's wrongful exercise of force against the victim D.

However, in light of the circumstances and contents of the crime of this case acknowledged by the evidence of this case, the act of the defendant as stated in the crime of this case does not constitute legitimate self-defense as an act with a reasonable aim to defend the present unfair infringement.

As such, the defendant's above assertion is rejected.