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(영문) 서울동부지방법원 2014.04.25 2013고정2963
폭행
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.

Reasons

Punishment of the crime

around 10:00 on August 2, 2013, the Defendant: (a) around D in Gangdong-gu Seoul Metropolitan Government, as a part of the daily wage problem while drinking with the victim E (71 years of age), F, G, and alcohol, and (b) committed assault against the victim by cutting flabing and pushedping bat of the victim.

Summary of Evidence

1. Witnesses G and E respective legal statements;

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

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. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel asserted that the Defendant and his defense counsel are legitimate self-defense or legitimate acts as a passive resistance inasmuch as, inasmuch as, E first spreads the Defendant’s breath in the process of dumping the Defendant’s head

However, it is difficult to view that the act of attack and defense was conducted through a series of acts of attack and defense between the persons who fight in the same manner, and the act of attack is at the same time and at the same time, the act of attack is called "political act" or "self-defense" for the purpose of defense by leaving only one of the acts of attack, and in light of the circumstances before and after the facts of the crime acknowledged by the aforementioned evidence, etc., it can be recognized that the defendant and E met the cost as a wage problem, and the fact that the defendant and E met with the other party's bather bather, and it cannot be viewed as legitimate self-defense or legitimate act, since such act of the defendant goes beyond a mere defensive act,

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