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(영문) 인천지방법원 2012.12.14 2012고정400
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

around 15:00 on September 2, 201, the Defendant: (a) demanded the victim D to pay management expenses incurred in smuggling before the Nam-gu Incheon Metropolitan City Ctel 903 on his hand; (b) breadd the victim’s flaps; and (c) assaulted the victim once.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes concerning D police statements;

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

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the defendant's act constitutes self-defense and thus, illegality is excluded.

According to the above evidence, the victim's request for the preparation of a letter of request for the payment of expenses in arrears after finding the defendant's house and demanding the payment of the expenses in arrears between the defendant and the victim, and the defendant was found to have carried the fat of the victim's fat and pushed the victim. In light of the circumstance of the occurrence of this case, the degree and method of the defendant's act, etc., it is difficult to view the defendant's act as self-defense since the defendant's act is characterized as a attack act and it constitutes self-defense.

Therefore, the above argument is not accepted.

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