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(영문) 서울서부지방법원 2013.10.07 2013고정2148
폭행
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On March 31, 2013, at around 05:30, the Defendant assaulted the victim’s fat with fat, fat, fat, fat, and fats of the Defendant’s fat, and fats of the Defendant’s fat, by fating the Defendant’s fat, fats of the Defendant’s fat, and fating the Defendant’s bats of the Defendant’s fats, and fats over the floor by fating the victim’s bat, fating the bat, bat,

Summary of Evidence

1. Partial statement of the defendant;

1. Results of the verification of the black boxes and videos of this Court;

1. Partial statement of the police interrogation protocol of the accused;

1. Of the first police interrogation protocol regarding D, the Defendant and the defense counsel’s assertion regarding each part of the statements made by the Defendant and D among the first police interrogation protocol regarding D, the Defendant and the defense counsel asserted to the effect that the Defendant’s act constitutes self-defense inasmuch as the Defendant floated and pusheded the victim’s flobage in the situation where the Defendant was threatened by pro

To establish self-defense, the act of defense must be socially reasonable in consideration of specific circumstances, such as the type and degree of the legal interest infringed by the act of infringement, and the method of infringement.

According to the above evidence, the defendant's act corresponding to the facts charged in this case can be recognized, and in light of the contents and degree of the victim D's infringement, it is reasonable to view that the defendant's act in this regard is not merely a passive resistance to defend the victim's unfair attack, but has the character as an attack.

Therefore, since the defendant's crime of this case does not constitute self-defense, the defendant and his defense counsel's above assertion is not accepted.

Application of Statutes

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

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