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(영문) 서울중앙지방법원 2014.03.28 2013고정5013
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On July 18, 2013, at around 13:45, the Defendant assaulted the victim, such as the victim E (the age of 37) who is an employee and the studal value due to a dispute over the dispute between the victim E (the age of 37) in Jongno-gu Seoul, Jongno-gu, Seoul, and the part of the victim with the hand floor two times, and the knife the knife with the knife, and the knife with the knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel asserts that the defendant's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act against the provisional payment order constitutes self-defense or legitimate act, since the defendant's taking of the victim's knife is an act to prevent the victim from putting his knife the knife.

However, according to the witness E’s legal statement, the victim does not display a knife by knife from the defendant before knife the knife, but after knife the knife from the defendant as stated in the facts of the crime, the defendant knife the knife with the knife of the knife. Thus, the above argument is rejected.

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