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(영문) 서울서부지방법원 2014.06.26 2013고정2986
상해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Around 16:20 on July 20, 2013, the injured Defendant listened to the horses from the victim D (year 44) to show urines in toilets in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, and boomed the victim’s breath, and boomed the victim’s chest and breath with his hand, and boomed the victim’s chest and breath, and boomed the victim’s chest and breath on his chest.

2. 모욕 피고인은 2013. 7. 20. 16:45경 서울 용산구 E에 있는 F파출소에서 현행범으로 체포되어 조사 받던 중 G 경위는 다른 경찰관 등이 있는 가운데 위 파출소에서 상황근무 중인 경사 H에게 “니네 도둑놈이나 잡아 개 좆까는 소리말고, 병신들 꼴깝 떨고 있네, 야 씨발 새끼들아, 마누라 보지나 빨아라, 니들 여기서 한달에 얼마씩 먹냐”라고 욕설하여 피해자를 공연히 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The president of the H’s complaint;

1. Statement of the police statement related H;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of fines for the crime; Article 257(1) of the same Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As to the assertion of the Defendant and his defense counsel under Articles 70 and 69(2) of the Criminal Act for the detention of the workhouse, the Defendant and his defense counsel asserted that the Defendant’s act constitutes self-defense inasmuch as the Defendant was against the victim’s d’s ebbbbage, and that D’s act was intended to defend the Defendant.

However, in light of the background leading up to the dispute acknowledged by the aforementioned evidence, the defendant's attitude, etc., it is reasonable to deem that the defendant's act committed an injury to the victim with the intent of attack rather than a passive defense as a means of resistance to protect himself/herself from the illegal attack of the victim and escape therefrom.

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