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(영문) 서울남부지방법원 2013.05.23 2013고정1026
폭행
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 22:50 on August 26, 2012, the Defendant: (a) in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) on the ground that the Defendant avoided disturbance, the Defendant: (c) sent the victim C (Nam, 40 years of age) and D (Nam, 47 years of age) who is a batter of the above baton on the front floor of the front floor of the bat; (d) cut the victim C’s shoulder by hand; (c) cut the bat on two occasions; (d) continuously cut the baton by hand; and (d) cut the bat of the victim D’s name tag on his hand; and (e) fat the victim’s left side fat on one occasion; and (e) fating the bat in the name tag.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol of C or D;

1. Statement to E by the police;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

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

1. The defendant's assertion against the defendant under Article 334 (1) of the Criminal Procedure Act argues that his act constitutes self-defense as a defense to defend against the other party's assault. However, according to the evidence above, the defendant's act is acknowledged as having committed an act, such as cutting off the victim's awareness of the victim C, cutting his nose by hand, and walking away the left part of the victim D. Thus, the defendant cannot be deemed to have exercised the force within the limit of passive defense to escape from the victim's unilateral attack. Thus, the defendant's above assertion is rejected.

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