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(영문) 서울북부지방법원 2016.10.27 2015고정2010
폭행
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 29, 2015, at around 06:25, the Defendant: (a) committed assault with the victim on the ground that the victim was parked in the victim’s D(57 years of age and remaining) parking zone prior to his/her place of residence, and that the victim was changed to move his/her vehicle; (b) he/she raised a dispute with the victim at trial; (c) was tightly pushed the victim’s shoulder, tightly pushed his/her face; and (d) was tightly pushed the victim’s shoulder with his/her arms attached to the victim’s arms.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of police suspect regarding D;

1. Application of the Acts and subordinate statutes concerning the arrest of flagrant offenders;

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

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

1. The Defendant and his defense counsel asserted that the Defendant’s act constitutes self-defense or legitimate act and thus, the illegality of the Defendant’s act constitutes a legitimate act. However, in light of the motive and circumstance of the instant case acknowledged by the evidence presented above, the method and consequence of the crime, and the degree of the act, etc., the Defendant’s act cannot be deemed as constituting self-defense or legitimate act.

Therefore, the defendant and his defense counsel cannot be accepted.

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