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(영문) 수원지방법원 2013.03.28 2012고정3567
특수폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Around 08:30 on August 23, 2012, the Defendant used the victim’s right shoulder at the construction site of the 7th floor in Sungsung-si, the Defendant assaulted the victim by putting the victim’s right shoulder at one time the victim’s d (the victim’s 48 years of age) with a strong amount of tea and dust, when the Defendant works for concrete flating with his/her rash.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. A report on investigation (general) and a report on investigation;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment;

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 his defense counsel under Article 334(1) of the Criminal Procedure Act, the defendant and his defense counsel testified that although the defendant was hacker, he did not assault the victim as stated in its reasoning, and the defendant's act did not constitute self-defense because the victim first humping and assault the defendant, and thus, the defendant's act constituted self-defense. Thus, the victim stated that the victim was subject to violence from the defendant by humbbing, namely, the following circumstances acknowledged by the above evidence, i.e., the victim's statement that the victim was humbling, E, witness E, and the defendant testified that the victim was humbling with the victim's shoulder by humbing, and there was a red country above the right shoulder of the victim immediately after the case, the fact that the defendant carried a dangerous object, as stated in its reasoning, can be acknowledged, and further, the victim's domestic violence was committed by the defendant.

Even if the above act of the defendant is not simple defense, it cannot be viewed as self-defense.

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