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(영문) 서울중앙지방법원 2013.10.29 2013고정667
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 12, 2012, around 09:11, 2012, the Defendant assaulted the victim by blocking the front of the victim in front of the victim E (ma, 60 years of age) in the 5th floor corridor in Jongno-gu Seoul Metropolitan Government D Center, and threatening and threatening as drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Application of the Act and subordinate statutes as a result of the reproduction of CDs ( CCTV taken on October 12, 2012)

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

1. The defendant and his defense counsel asserts that the act of this case is a justifiable act that merely passively prevents the victim.

However, the defendant's act of assault by the evidence of the judgment does not violate the social rules in the case of assault by the nature or passive resistance to get out of the difficulty of playing with himself, i.e., the defendant's act of assault by the defendant, i.e., the defendant's act of blocking the victim by blocking the front of the victim, blocking 10 seconds in front of the victim, or cutting the victim's arms, etc. on the corridor, cannot be seen as an inevitable or passive resistance method that does not violate the social rules, and thus, the above argument by the defendant and the defense counsel cannot be accepted.

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