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(영문) 서울남부지방법원 2012.11.01 2012고정1652
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

On October 30, 2011, the Defendant: (a) 02:45 on October 30, 201, on the alley road in front of the Yangcheon-gu Seoul Metropolitan City City, for the reason that the victim D, who was on a taxi he/she operated, did not have good services; and (b) assaulted his/her flaps by cutting down his/her flaps.

Summary of Evidence

1. Each legal statement of witness D, E, and F;

1. A protocol of partial police interrogation of the accused;

1. Examination protocol of police suspect regarding D;

1. E statements;

1. A report on investigation (a CCTV investigation for vehicles);

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

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 asserts to the effect that the illegality of the instant crime constitutes self-defense as an act to defend the Defendant from the victim’s assault.

However, in light of the motive and circumstance leading up to fighting between the defendant and the victim, the process of fighting, the degree and result of the assault, etc., the crime of this case cannot be deemed as self-defense, since the crime of this case has the nature of the defendant's act of attack against the victim's attack. Thus, the defendant's assertion is rejected.

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