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Defendant
A shall be punished by a fine of KRW 700,000.
Defendant
If A does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On August 28, 2012, Defendant A: (a) around 15:20 on August 28, 2012, at the “Seoul Songpa-gu E Hospital” parking lot, Defendant B (the 53 years of age knows that he was her husband, so he knows that he was her husband; (b) but the victim did not go against her will, without being her death, she did her flab, her flab and her flab on the face, her flab and her flab on the face of the victim.
2. Defendant B, who set up against it at the date, time, and place as mentioned in the above paragraph (1) above, assaulted the victim A’s shoulder and hair at one time, respectively.
Summary of Evidence
1. Defendant A’s legal statement
1. Defendants’ written statements
1. Application of investigation reports (general Acts and subordinate statutes);
1. Defendants: Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act; Selection of fines
1. Defendant B to suspend the sentence: Fine of 300,000 won;
1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for detention in a workhouse;
1. Defendant B of suspended sentence: Article 59(1) of the Criminal Act (including the fact that there is no criminal record against the Defendant, the circumstances leading to the instant crime, the degree of assault, etc., as well as the various circumstances constituting the conditions for sentencing);
1. Defendant A of the provisional payment order: Defendant B and his defense counsel’s assertion and its judgment on this issue are asserted to the effect that the crime by Defendant B constitutes self-defense. However, in light of all circumstances such as the means and method of the crime of this case as indicated in the records of this case and the specific circumstances at the time, it is difficult to deem that Defendant B was only a defense against an unfair attack, and it is reasonable to deem that Defendant B had an intent to attack at the time. Thus, this constitutes self-defense.
It can not be viewed as a justifiable act that does not violate the social norms as a passive and low resistance act.