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(영문) 전주지방법원 2014.02.19 2013고정988
폭행등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 20:51 on July 2, 2013, the Defendant, as the owner of the building in Seocho-gu, Seoul Special Metropolitan City, the lessee, and the victim E (the age of 51) in Si Do as the problem of the victim D (the age of 37), building name map, and restoration to the original state inside the building. The Defendant assaulted the above victim by his hand, such as booming the victim E’s bat, etc., and caused him to go against the wall bat of the victim E, and caused him to go against the left bat of the victim D, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D, E, and F;

1. Application of the injury diagnosis certificate and the Acts and subordinate statutes governing damaged part photographs;

1. Relevant Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act, the selection of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and his defense counsel on the argument of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserted that the defendant had flabbbbbage of the victim E, but the above victim et al. were merely flabbing of the other party's flab to escape from this, and thus, it constitutes self-defense.

According to the records of this case, the defendant, the owner of a building, was engaged in the work of restoring the interior of the building at D's request, at the end of the dispute over the scope of restoring the building's original status E and the restoration to the original state, and the defendant was able to recognize the fact that he saw the dub, which had been fright around the building. In light of the circumstance of this case and the circumstances at the time of this case, the victim unilaterally committed an illegal attack

It is limited to the extent of passive defense as a means of resistance to protect himself or to escape from an illegal attack.

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