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서울중앙지방법원 2014.08.27 2013고정6376
폭행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A and the victim C(57 years of age, women) are between claims and obligations since about 10 years ago.

Defendant

A around 11:08 on October 15, 2013, at the residence of the defendant of Gwanak-gu Seoul Special Metropolitan City D in Gwanak-gu, Seoul Special Metropolitan City, for the reason that the victim was found and said that the victim was "I live there", and assaulted the victim's neck, the right hand hand hand, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Application of statutes on photographs of damage;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

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

1. Determination as to the defense of the defendant and his/her defense counsel or the assertion of legitimate act under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that when the victim was forced to attack from the victim at the time of the instant case, the defendant committed an assault against the victim as stated in the facts charged while setting up against the victim to defend him. This constitutes a legitimate act that does not violate the victim's legitimate self-defense or social norms against an unfair harmful act.

2. On the grounds delineated below, the above assertion by the Defendant and the defense counsel is not acceptable on the grounds that it is without merit. In a case where it is reasonable to deem that an offender’s act was committed with the intent of an attack, rather than with a view to defending the victim’s unfair attack, and the act was committed against it, the act has the nature of the act of attack as well as the act of attack, and thus, it cannot be viewed as self-defense.

(See Supreme Court Decision 2003Do4934 Decided June 25, 2004). Comprehensively taking account of the evidence as indicated in the judgment, the following circumstances, namely, the motive and developments leading up to the fighting of the Defendant and the victim, the circumstances before and after the fighting, and the degree of response to the victim, the Defendant is the victim.

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