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(영문) 의정부지방법원 고양지원 2014.02.20 2013고정1924
폭행
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

At around 1:50 on September 6, 2013, the Defendant parked a vehicle at the “Dcafeteria” parking lot located in Yongsan-gu, Yongsan-gu, Busan Metropolitan City, and opened a driver’s seat and opened a door and was parked next to a door part of the victim E (the age of 44) on the ground that the Defendant shocked the rear even parts of the passenger vehicle of the victim E (the age of 44) that was parked next to the front part of the door, and committed an assault against the victim, against whom he was assaulted by the victim, and was fluened by the victim’s chest part by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to E;

1. Article 260 (1) of the Criminal Act and Article 260 (1) of the same Act concerning the crime; the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that the defendant's act of threatening the victim's chest constitutes self-defense or legitimate act to prevent the victim's assault.

However, in full view of the developments, motive, means, and consequence, etc. of the instant case acknowledged by the evidence duly adopted and investigated by the court, the Defendant’s act constitutes self-defense to defend the current infringement of the legal interests of the Defendant.

The above assertion by the defendant and his defense counsel cannot be accepted, since it cannot be viewed as a legitimate act that does not violate the social norms as it is a passive or low resistance act.

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