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(영문) 서울남부지방법원 2013.07.10 2013고정1286
폭행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 4, 2013, around 11:30 on January 4, 2013, the Defendant: (a) in the waiting room for the “D Social Welfare Center” located in Guro-gu Seoul Metropolitan Government, the Defendant assaulted the Defendant by setting up his arms against the victim E, who was the preceding argument, with his arms put in his hands.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of F’s statement entry protocol to the prosecutor’s office of the defendant to the F’s protocol

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel on the assertion of self-defense or legitimate act under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted that the defendant's act constitutes self-defense or passive defense, since the victim first set up his arms, and the defendant was the same as the stated in the judgment at the defense level.

In light of the degree of assault by the victim, the attitude of the defendant's act and its degree, etc. known by the above evidence, such as the victim's statement, etc., it cannot be viewed as self-defense or passive defense, and thus, this part of the argument is rejected.

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