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(영문) 대전지방법원 2015.11.18 2015고정283
폭행
Text

Defendant

A A shall be punished by a fine of one million won, and by a fine of two million won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The defendants were to talk about a person who had a common knowledge of the defendants at the main point, but they were to talk with each other on the grounds that Defendant A made an examination.

1. Defendant A: (a) 02:20 on November 30, 2014; (b) on the Fjuk of Seo-gu, Daejeon, Seo-gu, and the second floor, shaking the Victim B’s head carin by hand.

2. Defendant B, at the time and place set forth in paragraph 1(1)(a) and at the same time, followed by five times the victim’s hair and face part of the victim’s hair and face part against the victim’s assault, and had the victim inflict an injury on the victim in an open head part requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. A’s legal statement (as to the defendant B), which is made by the witness

1. Legal statement of witness G;

1. A medical certificate;

1. Application of statutes on photographs of damage;

1. Article 260 (1) A of the Criminal Act applicable to a crime: Article 257 (1) of the Criminal Act;

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

1. The defendant and his defense counsel asserts that the above act of the defendant is against the victim's assault and defense, and thus, the above act of the defendant is self-defense.

In light of the background and motive leading up to the crime, the method and degree of the crime as stated in the facts constituting the crime, and the victim’s bodily injury, etc., the defendant’s act constitutes an active attack rather than an act of defense to protect himself/herself from the other party’s unlawful attack, and the means and method are not reasonable. Thus, it cannot be deemed as legitimate self-defense or legitimate act.

Therefore, the above defendant and his defense counsel cannot be accepted.

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