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(영문) 서울중앙지방법원 2014.02.13 2012고정1944
폭행
Text

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

If the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

1. Defendant J around 04:10 on January 23, 2012, around 2012, the Defendant used the victim’s chest to drink the victim’s chest in the front of Seongbuk-gu Seoul Metropolitan Government D shopping mall as a civil matter (right of retention).

2. Defendant A, at the same time and place as set forth in paragraph (1), assaulted the victim’s chest to drinking the victim’s chest by setting up against the victimJ.

Summary of Evidence

1. Each legal statement of witness A, L and M;

1. Protocol of examination of the witness to the J of this Court;

1. Application of each police interrogation protocol to the Defendants

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment for criminal facts: Article 260(1) of the Criminal Act; Article 260(1)

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Defendant’s assertion on Defendant A’s assertion under Article 334(1) of the Criminal Procedure Act is asserted as self-defense to oppose the assault by the upper accused J even if the Defendant was found to have assaulted by the upper accused. However, in light of the circumstance, method, and degree of the assault of this case recognized by each evidence of the judgment, the Defendant’s above act is deemed as a more active act rather than a passive act to escape from unfair attack, and thus, Defendant’s above assertion is rejected.

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