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(영문) 청주지방법원 충주지원 2013.05.01 2013고정20
폭행
Text

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

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

Reasons

Punishment of the crime

On July 25, 2012, at around 10:30 on July 25, 2012, the Defendant changed the shape of assault based on each legal statement of the Defendant and the victim, i.e., the victim D (the age of 45) who was under dispute due to the ownership of the ginseng field and the dispute with the victim D (the age of 45).

Victim assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Photographs;

1. The defendant and his defense counsel asserted that the defendant's act constitutes self-defense or legitimate act in order to prevent the victim from thefting the defendant's ginseng."

However, in light of the background leading up to the dispute over ginseng ownership between the Defendant and the victim, the circumstance and situation at the time of the Defendant’s breathing, etc., it is difficult to view the Defendant’s act as an adequate and reasonable act to protect the infringement of his/her property right. Therefore, it is difficult to view it as a legitimate act

Therefore, the above argument is not accepted.

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of a selective fine for punishment (referring to circumstances leading to the commission of the punishment, how the punishment was committed, and how the punishment was committed);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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