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(영문) 수원지방법원 2017.03.23 2016고정3127
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 September 26, 2016, at around 03:30 on September 26, 2016, the Defendant: (a) reported that the mother of the Defendant was assaulted by the victim E (C) and assaulted the victim’s face, etc. by drinking home.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of suspects of E or F;

1. Statement of the police statement related to G;

1. A report on investigation;

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

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 of the Provisional Payment Order asserts that the defendant's act constitutes a legitimate defense or a legitimate act, since the defendant's act is for the purpose of defending the improper attack against his mother.

In a case where it is reasonable to view that the perpetrator’s act was at the first place with the intent of attacking one another rather than with the intent of attacking the victim’s unfair attack, and that the perpetrator’s act was at the same time an attacking act, and at the same time, has the nature of an attacking act, and thus, it cannot be deemed that the perpetrator’s act constitutes a legitimate defense or excessive defense (see Supreme Court Decision 2000Do228, Mar. 28, 200). In full view of the evidence duly adopted and examined by the court, the Defendant’s crime appears to have the character of an attacking act at the same time, which is a defense against the victim’s attack.

It cannot be deemed that the above act constitutes a legitimate defense or a justifiable act, which has considerable grounds, to protect the current infringement of one’s own or another’s legal interest.

The above argument is without merit.

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