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(영문) 서울중앙지방법원 2013.11.22 2013고정1859
폭행
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 9, 2013, at around 03:05, the Defendant committed assault, such as: (a) the victim D arrives at the destination of the Defendant’s taxi; (b) calculation of taxi expenses; (c) the Defendant was aware of the way to the Defendant after taking a bath; and (d) the Defendant was able to walk the victim with the victim while walking at the time with the victim; and (b) the victim was pushed down with his/her hand.

Summary of Evidence

1. 증인 D의 법정진술(피고인이 D을 밀쳐서 D이 택시 쪽으로 넘어졌고, 골목 쪽에서 D을 발로 찼다는 진술)

1. Investigation report (to attach screen pictures);

1. Application of statutes referring to statutes, such as 00:03, 00:00:07, 00:007, 00:20:25, among CDs 17 files;

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 for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserted that he was assaulted by the victim on the back side of the taxi at the time of the instant case, and that he only saw the victim’s breath to escape therefrom, and thus, the illegality is dismissed as it constitutes self-defense.

2. In full view of the following facts: (a) the Defendant committed a harmful act as to the crime of this case, which was revealed by the evidence revealed in the judgment of the court below; and (b) the Defendant did not constitute self-defense since the Defendant’s act cannot be deemed as an act to defend the victim’s unfair infringement; and (c) it does not constitute self-defense.

Therefore, we cannot accept the arguments of the defendant and his defense counsel.

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