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(영문) 서울중앙지방법원 2013.10.18 2013고정247
상해
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

At around 21:10 on November 23, 2012, the Defendant: (a) and the Victim D (year 41) who is a proxy engineer in the front of Gangnam-gu Seoul Metropolitan Government on the ground that the victim had arrived late at the place; (b) and (c) the victim inflicted each injury by assaulting the Defendant and the E.

Accordingly, the defendant, in opposition to the assault of the victim, took one time the face of the victim by drinking, and the defendant E, who is a criminal defendant, took the face by hand and pushed the victim's body by hand.

Accordingly, the defendant committed violence to the victim jointly with E.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to some police suspect interrogation protocol concerning E;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act concerning the Selection of Punishment of Violences, etc.;

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

1. The defense counsel's assertion regarding the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act asserts that even if the defendant's act constitutes an assault, it is a defense act against the victim's unreasonable assault, and thus, it does not constitute self-defense.

In light of the above evidence, although the defendant was assaulted by the victim first, it can be acknowledged that the defendant's act was in contact with the victim's shoulder and face. Thus, it is reasonable to view that the defendant's act committed an assault with the victim's intent of attack against the victim, not just defense. Thus, the defendant's act does not constitute legitimate defense.

Therefore, defense counsel's assertion is without merit.

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