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(영문) 서울북부지방법원 2012.07.31 2012고정1323
상해
Text

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

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

Reasons

Punishment of the crime

On January 31, 2012, around 17:30 on January 31, 2012, the Defendant: (a) parked a vehicle adjacent to the above restaurant in Nowon-gu, Seoul Special Metropolitan City (50 years of age, south) and demanded the Defendant’s spouse to move the vehicle to the victim; (b) performed a batf in connection with the Defendant’s demand for the Defendant’s spouse’s use of the bat; and (c) performed a batf for 14-day care for the fatus

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol concerning the examination of suspect C; and

1. An investigation report (Attachment of a medical certificate for injury);

1. Application of Acts and subordinate statutes to each investigation report;

1. Article 257 (1) of the Criminal Act applicable to the crime;

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 Defendant’s act constitutes a legitimate act or self-defense as a passive resistance against the victim’s assault.

However, according to the above evidence, it is reasonable to view that the defendant's act was committed with the intent of attack rather than with the intent of attacking the victim's unfair attack, and the defendant's act was committed against it. In such a case of fighting, the harmful act has the nature of the act of attack at the same time as the act of attack. Thus, the defendant's assertion is not accepted.

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