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(영문) 서울중앙지방법원 2014.05.28 2014고정760
폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 22:50 on December 22, 2013, the Defendant assaulted the victim by breaking up the victim E(51) with the ‘D’ package run in Dongjak-gu Seoul Metropolitan Government. On the other hand, the Defendant was punished for a dispute with the victim E(51).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to photograph the suspect;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

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

1. The assertion and judgment of persons involved in the litigation under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The defendant and his defense counsel asserted that, at the time of the instant case, the defendant committed an assault against the victim at the time of the instant case, and that, in order to defend the victim, the victim committed an assault as stated in the facts charged, and that it constitutes a justifiable act that does not violate the victim's self-defense against unfair harmful acts or social norms.

2. In a case where it is reasonable to view that the perpetrator’s act was satisfy with one another’s intent to attack the victim’s unfair attack rather than with a view to defending the victim’s unjust attack, and that the act was committed against one another’s attack, and as such, it cannot be viewed as self-defense, since the act was at the same time a defensive act

(2) In light of the following circumstances, the Defendant committed a harmful act against the victim with the intent of an active attack against the victim, and the Defendant’s act is self-defense or self-defense. In full view of the following circumstances, the Defendant’s motive and circumstance leading up to fighting, circumstances before and after fighting, and the degree of response against the victim: (a) the Defendant committed a harmful act with the intent of an attack against the victim; and (b) the Defendant’s act is self-defense.

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