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(영문) 서울서부지방법원 2013.12.18 2013고정181

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 22:00 on July 31, 2012, the Defendant: (a) committed assault against the victim’s face on one occasion by gathering PET disease, where the victim D (year 72) was exposed to baring the dog while she was using a dog and engaged in a dog c 106-dong, Mapo-gu, Seoul.

Summary of Evidence

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

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 that his act constitutes self-defense and thus, cannot be deemed unlawful. However, in light of all the circumstances, such as the means and method of the instant crime, and the specific circumstances at the time, etc. recorded in the records of this case, it is difficult to deem that the Defendant was only a defense against an unfair attack, and it is reasonable to deem that the Defendant had an intent to attack against the Defendant at the time. Accordingly, the above assertion on a different premise is rejected.