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(영문) 대구지방법원 의성지원 2014.12.04 2014고정55
폭행
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 19, 2012, at around 15:00, the Defendant assaulted the victim C(57 years old) and the Presidential election in containers located in the Si of Songwon 2, Songwon-gun, Gyeongwon-gun, Gyeongwon-gun, Gyeongwon-gun on December 19, 2012.

Summary of Evidence

1. C’s legal statement;

1. Police suspect interrogation protocol of the accused;

1. C에 대한 제2회 경찰 피의자신문조서 중 피고인의 진술 부분(“C이 머리로 내 가슴을 들이받기 때문에 저도 오른손으로 C의 따귀를 때린 사실이 있고, 그 이후 C이 머리로 제 가슴을 6회 정도 박고, 머리채를 잡고 바닥에 넘어뜨린 후 발로 온 몸을 찼다”라는 취지의 진술기재)

1. Application of the police statement law to D;

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

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

1. The defendant and his defense counsel asserts that the illegality of self-defense under Article 334(1) of the Criminal Procedure Act constitutes self-defense and constitutes self-defense. The defendant's defense and his defense counsel merely conflict with the victim's face in order to spread one's unilateral assault against the victim.

In a case where it is reasonable to view that the perpetrator’s act was done with the intent of attacking one another rather than with a view to defending the victim’s unfair attack, and that the act was committed against one another, the act is a defense act, and at the same time the act has the nature of the act of attack, and thus, it cannot be deemed as self-defense.

(see, e.g., Supreme Court Decisions 200Do228, Mar. 28, 2000; 2003Do4934, Jun. 25, 2004). Comprehensively taking account of each of the evidence in the judgment, while the defendant was in a dispute with the victim, he was at the time when the victim was her chest with her head, by hand, with her head, and was at the time when her chest was her head, and then her breath.

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