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(영문) 서울서부지방법원 2016.01.21 2015고정1635
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 20, 2015, around 06:15, the Defendant assaulted the victim's flab by cutting down flab, on the ground that the victim D was laid up to display the boundary of the land at the front of Mapo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Legal statement of the witness D;

1. Part concerning D's statement of the police suspect interrogation protocol against the defendant

1. Application of Acts and subordinate statutes opticians with respect to volatiles;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. As to the Defendant’s assertion of Article 186(1) of the Criminal Procedure Act, the lower court asserted that the Defendant was in contact with the victim in the process of cutting down salt in order to prevent the Defendant’s shoulder and chest from being pushed down, and thus, this constitutes a legitimate defense.

However, according to the above evidence, it is difficult to recognize that the defendant's act constitutes a legitimate defense in order to defend an unfair infringement of his/her legal interests, in light of the motive, circumstance, attitude, etc. of the assault, as it is acknowledged that the defendant's act was a legitimate defense for the sake of defending the victim's unfair infringement of his/her legal interests.

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