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(영문) 서울중앙지방법원 2016.09.21 2016고정1581

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.


Punishment of the crime

around 02:05 on December 28, 2015, the Defendant received a demand from the victim F (51 tax) to pay taxi charges in front of D hotel E located in Jung-gu Seoul Metropolitan Government on December 28, 2015.

In order to get off the match, the victim corrected the facts charged to the extent that it does not infringe the defendant's right of defense on the basis of each evidence stated in the judgment by pushing the defendant's arms to restrain it.

Victim assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes for internal investigation reports (related to the verification of taxi records and video images);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The defendant and his defense counsel asserts that the defendant's act constitutes a legitimate defense or legitimate act under Article 334 (1) of the Criminal Procedure Act.

However, according to each evidence of the judgment, the fact that the victim was willing to flee without paying the taxi fee, and the fact that the defendant was closely involved in the victim. In light of the present situation at the time and the circumstances such as the circumstances leading to the defendant's act in this case, it cannot be deemed that the victim's acquisition of the defendant for the purpose of receiving the taxi fee does not constitute an unfair infringement against the defendant, and the act of this case against the infringement caused by the defendant cannot be deemed as a justifiable act.

The above assertion is not accepted.