(영문) 서울북부지방법원 2012.10.11 2012고정1703

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(영문) 서울북부지방법원 2012.10.11 2012고정1703

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 December 005, 2012, at around 00:05, the Defendant used the victim D (the victim 29 years of age, South) who is a passenger boarding C cab that he operated in front of the Seoul Northern-gu Seoul Northern-gu B, to go to the e apartment of Dobong-gu Seoul, Seoul, where the destination is destination, and used the victim by cutting down the shoulder and the right shoulder, and drawing up the lower part.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Application of the police statement law to D;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

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

1. The Defendant’s argument regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act asserts to the effect that the Defendant’s act constitutes legitimate act or self-defense, on the ground that the Defendant’s act constitutes legitimate act or self-defense, since the Defendant’s act merely stated that the Defendant’s act constitutes a legitimate act or self-defense by demanding the Defendant to get out of the taxi because the Defendant’s tobacco was smoking at the Defendant’s

However, the Defendant stated in the investigative agency that the victim gets out of tobacco, and that the victim gets out of the taxi immediately, and that the victim was able to get out of the taxi, but the victim was not able to get out of tobacco, but the victim did not make any statement that the victim did not comply with. The Defendant did not make any statement at all about tobacco in the investigative agency.

Therefore, the Defendant is deemed to have inevitably exercised physical power in the process of making the victim get off the taxi because the victim cannot operate a taxi because of the victim's smoking, not to have exercised physical power, but to have done the same act as the facts charged in the instant case due to the victim's anti-endend, etc., and thus, the Defendant's act cannot be deemed as a legitimate act or self-defense.

Therefore, the above argument is not accepted.

참조조문

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