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(영문) 의정부지방법원 2013.04.03 2012고정2052
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

At around 11:50 on April 6, 2012, the Defendant, on the ground that the Defendant driven the front side of the vehicle driven by the Defendant on the street in front of the solar road located in the front of the Taepong-gun of Gyeonggi-gu, the Defendant: (a) obstructed the front side of the vehicle driven by the Defendant by the Defendant; (b) took away the Defendant’s flaps; and (c) exercised violence, such as flaging the flabing the front side of the vehicle driven by the Defendant on a truck; and (d) flabing the Defendant’s flab; and (b) flading the Defendant’s flab

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of the case photographic statute

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

1. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the lower-age young victim would kill the Defendant at the time, and that the crime of this case was not committed as self-defense or legitimate act.

In light of all circumstances such as the cause, circumstance, and situation of the occurrence of a case acknowledged by each evidence duly adopted and investigated by the court, the degree and content of the assault committed by the defendant, the degree and content of the assault committed by the victim, and the degree and content of the assault committed by the victim, the defendant's act is deemed to have the nature of the attack beyond the passive limit of defense. It cannot be deemed to constitute legitimate self-defense or legitimate act, which constitutes a reason for the exclusion of social reasonable illegality of the victim's wrongful attack.

It is so decided as per Disposition for the above reasons.

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