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(영문) 서울중앙지방법원 2014.08.28 2014고정447
폭행
Text

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

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

Reasons

Punishment of the crime

On December 18, 2013, around 11:04, the Defendant assaulted the victim E (age 38) with flapsing in the Seocho-gu Seoul Metropolitan Government 1st floor D (age 38).

Summary of Evidence

1. Legal statement of witness E;

1. Police suspect interrogation protocol regarding E;

1. Application of the Acts and subordinate statutes to photographs (record No. 26 pages);

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's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act are limited to the defendant's act of assaulted by the victim to feel a threat of his/her life and defending him/her over his/her hand with his/her left hand. This is alleged to the effect that this constitutes self-defense. However, according to the evidence of the court below, the defendant is found to have committed a harmful act, such as bating the victim's bat, etc. as soon as he/she suffered violence from the victim, and in light of the motive, circumstance, form, etc. of the assault, it cannot be deemed as self-defense to defend his/her legal interests unfairly. Thus, the above

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