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(영문) 서울북부지방법원 2015.05.22 2014고정2881
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 28, 2014, around 19:20 on April 28, 2014, the Defendant assaulted the victim at one time, who was the victim and was at the time of the victim, on the ground that the Victim F (58 years of age) pointed out that the Defendant’s behavior, such as the Defendant, was erroneous in the calculation of the Gototop point in the D Diplomatic Association building located in Jung-gu Seoul Metropolitan Government.

Summary of Evidence

1. Each police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to investigation reports (referring to the case of persons for reference, G, E statements), investigation reports (referring to the case of persons for reference);

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

1. The defense counsel asserts that the defendant's assertion of excessive self-defense or excessive defense under Article 334 (1) of the Criminal Procedure Act is an act to defend himself/herself from the victim's assault and constitutes self-defense or excessive defense.

In light of the above evidence, the defendant and the victim participated in the calculation of the above criminal facts at the time and place of the crime, and the victim took part in the calculation of the high-saw score, and the defendant was at the time of the victim's resistance, and the victim committed violence against the defendant. Accordingly, the defendant's act cannot be deemed as self-defense or excessive self-defense. Thus, the above argument is without merit.

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