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(영문) 서울북부지방법원 2019.01.18 2018고정1591
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

At around 05:00 on June 10, 2018, the Defendant, a vehicle on the street in Dongdaemun-gu Seoul, where the victim C was aboard (31 years of age), was immediately and later the Defendant, but the Defendant was found, on the ground that the victim was driving the vehicle at the time of the vehicle, sent the victim’s chest into his/her hand and boomed, sent the victim’s chest to drinking, knife the knife the knife, displayed the tear, and assaulted the victim’s body several times due to the weather.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. A report on internal investigation (the statement of the suspect C and the confirmation of scambox and cellular phone image), the photograph of a cell phone image by cutting off the cell phone and the damaged photograph of C;

1. Application of Acts and subordinate statutes to photographs by reporting internal accidents and by cutting off on-site CCTVs;

1. Article 260 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. The Defendant asserts that a judgment on the assertion of self-defense under Article 334(1) of the Criminal Procedure Act constitutes self-defense.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the Defendant used the victim as a vision, and the victim used the victim to assault the Defendant, ② there is no evidence to deem that the Defendant was subject to certain acts of infringement from the victim before the Defendant assaulted the victim, ③ the act of attack and defense occurred between the persons who used a fighting match, and the act of attack and defense was conducted simultaneously, and the act of attack cannot be deemed as self-defense for the purpose of defense because only either party’s act was committed, and it is difficult to view the Defendant’s assault as self-defense.

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