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(영문) 서울남부지방법원 2014.05.23 2013고정1755
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 16, 2012, around 19:40 on July 16, 2012, the Defendant assaulted the victim’s face in the process of covering the passenger car operated by the victim C (the age of 35) to the entry into the passenger car and the car line.

Summary of Evidence

1. Statement made by C by a witness in the third protocol of trial;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that this constitutes a justifiable act as a passive resistance, since the Defendant only sealed the chest part so that the Defendant would not mislead the Defendant to see the Defendant, which constitutes a justifiable act. However, as seen earlier, the charges of this case where the Defendant, with the victim’s vehicle, was found guilty, by putting the victim’s face into the victim’s vehicle with Darh and its windows, and there is no other evidence to acknowledge the Defendant’s assertion, and thus, the Defendant’s above assertion is rejected.

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