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(영문) 서울중앙지방법원 2015.09.17 2015고정2583
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 29, 2015, at around 08:00, the Defendant, at the front corridor of the Seocho-gu Seoul Metropolitan Government B Apartment 107 elevator, brought a dispute with the victim C, which is not good for the peace, and was going to the police station. While the victim was waiting for a short time in the house, even though the victim was waiting for a short time in the body, he was able to bring the arms of the victim, and the victim was assaulted by the defendant by putting the head debt of the defendant on his hand, against the assault, and assaulted the head debt of the victim by double hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. C’s statement;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image data analysis case);

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's argument regarding the defendant's assertion under Article 334 (1) of the Criminal Procedure Act is alleged to the effect that the victim first gets the head of the victim to defend by taking the defendant's head, which constitutes a self-defense to defend the infringement of his/her body. However, according to the evidence of the judgment, the defendant recognized that the defendant committed an act identical to the facts charged with the intent of attack in response to the victim, and in light of the motive, circumstance, form, etc. of the assault, it cannot be viewed as a self-defense to defend the unfair infringement of his/her legal interests. Thus, the above argument is rejected.

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