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(영문) 서울북부지방법원 2015.06.05 2014고정2008
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

At around 01:00 on April 5, 2014, the defendant and the victim C settled the issue that the defendant speaks to E in the real estate brokerage office located in Jung-gu Seoul Metropolitan Government, as unfolded, and the victim tried to go out of the office.

On the front of the above office, the Defendant committed assault to the victim by raising the victim's hand on his shoulder while leaving the office as above, putting the victim's head back on one occasion by drinking, and putting the victim's head back on one occasion.

Summary of Evidence

1. C’s legal statement;

1. Each police suspect interrogation protocol against C (excluding the part on which the statement is written by the defendant);

1. Application of Acts and subordinate statutes to a criminal investigation report (F and currency of a witness), investigation report (E and currency of a witness);

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

1. As to the defense counsel's assertion of the defense counsel under Article 334 (1) of the Criminal Procedure Act, the defense counsel asserts that the defendant's act in this case constitutes self-defense as an act to defend himself/herself from assault by the victim.

In light of the degree of the assault inflicted on the victim by the defendant recognized by the evidence duly adopted and investigated by this Court, the circumstances leading up to the assault and the circumstances at the time, etc., the defendant's act cannot be seen as legitimate self-defense to defend the victim's improper attack.

Therefore, the above argument is without merit.

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