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(영문) 부산지방법원 2014.07.25 2014고정1305
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 24, 2013, around 14:20 on November 24, 2013, the Defendant assaulted the victim, such as flapsing debbris, etc., with the victim’s hand, on the ground that the victim was not subject to the intent of the victim’s flapsing to the mother’s mother’s mother’s mother, 116 dong 602.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police interrogation protocol to D

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. The defendant and his defense counsel asserts to the effect that the act recorded in the facts constituting legitimate self-defense or legitimate act is an act to defend against D's attack, as stated in the judgment, against the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act.

However, it is difficult to view that the act of attack and defense was conducted throughout the past, and the act of attack and defense was simultaneously conducted between the persons who conduct the same fighting, and that the act of attack is a self-defense for the purpose of defense or that it constitutes a legitimate act because only one of the parties' acts was committed simultaneously.

However, according to the evidence of the court below, the defendant and the victim met each other, and the facts of assault against the victim can be acknowledged as stated in the facts of crime. Thus, the defendant's act constitutes self-defense or legitimate act since it goes beyond a simple defense and cannot be viewed as legitimate act.

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

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