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(영문) 부산지방법원 2013.06.13 2013고정361
폭행
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 09:00 on August 17, 2012, the Defendant: (a) received a claim from the victim D (the age of 78) who was found in his residence in Busan, Busan, Busan, Busan, about 1204, about why he wanted to go to neighboring residents; and (b) committed assault against the victim by spiting spiting the victim's face and booming the head by hand.

Summary of Evidence

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defense counsel asserts that the defendant's act constitutes legitimate self-defense or legitimate act, as a passive resistance to escape from the victim's strokes.

However, in this case, while the defendant and the victim have been in dispute, spits or spits the victim have been expanded as a critical opportunity, and the defendant is responsible for causing violence by the victim. Thus, the defendant cannot be deemed as a legitimate act that does not constitute self-defense for defense or contravene social norms by leaving only the following acts of the defendant.

The defense counsel's assertion is without merit.

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