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(영문) 서울서부지방법원 2020.05.13 2020고정85
폭행
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 13:00 on April 12, 2019, the Defendant assaulted the victim D (the 53 years of age), the husband, who was the husband, to enter the inner bank in the ward B apartment C from the Seodaemun-gu Seoul Metropolitan Government, by cutting off the right side of the victim D (the 53 years of age).

Summary of Evidence

1. Legal statement of witness D;

1. Statement of police statement in D;

1. A complaint filed against D;

1. The Defendant’s assertion on the video CD (the part stating to the effect that the Defendant was not threatened by the victim’s scam on the Defendant’s face) argues to the effect that the Defendant’s act constituted self-defense or legitimate act, even though the Defendant was written respectively with the victim in a divorce lawsuit, the victim’s forced entry into and departure from the Defendant was likely to cause violence, and that the Defendant’s act constitutes self-defense or legitimate act.

On the other hand, according to the evidence above, it is acknowledged that the defendant acted with the victim's sacrifies, etc., and even if the defendant thought that he was "abrupted", his behavior constitutes an assault.

Even according to the record, it is recognized that at the time the defendant and the victim were punished for each other and maximized conflicts, however, there is no material to view that the victim was an imminent situation that may harm the defendant at the time, and the defendant merely asserts to the effect that "the risk of violence was likely to occur."

The Defendant’s assertion of the above self-defense is difficult to accept.

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) 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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