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(영문) 서울서부지방법원 2015.09.10 2015고정535
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 14, 2014, the Defendant assaulted the victim E (50 years of age) who was found to have worked as an employee at the “D” convenience store located in Eunpyeong-gu Seoul Metropolitan Government as an employee on December 14, 2014, on the ground that the victim E (50 years of age) did not work for the cash withdrawal machine, and that he was faced with the victim’s face by hand, leading the head, etc.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to investigation reports (related to perusal and extraction of convenience points);

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the background leading up to the occurrence of the instant crime, the degree and method of the Defendant’s assault, the degree of damage to the victim, etc., revealed by the evidence of the judgment on the assertion of self-defense under Article 334(1) of the Criminal Procedure Act, the Defendant’s act cannot be deemed as self-defense inasmuch as the Defendant’s act constitutes self-defense since it exceeds an act to defend the victim’s wrongful attack.

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