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(영문) 서울북부지방법원 2020.09.11 2020고정488

폭행

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a pro-Japanese of the victim B (n, 58 years of age).

At around 12:00 on November 7, 2019, the Defendant assaulted the victim on one occasion his breast part of the defective victim’s chest, who was 5 million won in the expenses of the mother of the Defendant, within the house of the Defendant in Jung-gu Seoul Metropolitan Government, and the Defendant’s house, and the Defendant’s mother of the Defendant.

Summary of Evidence

1. Application of the Acts and subordinate statutes on partial statement of the defendant's witness B in court;

1. Article 260 (1) of the Criminal Act and the choice of fines concerning the crime;

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 provisional payment order under Article 334 (1) of the Criminal Procedure Act, the defense counsel asserts that the defendant's defense counsel does not constitute a crime because it is justified as a legitimate act in the process of preventing the victim from entering the defendant's house against the resident's will.

However, according to the evidence duly adopted and examined by this court, the mother of the defendant was required to transfer the expenses while the victim had already entered the defendant's house, and the defendant was found to have pushed the victim's chest.

Since the above act does not seem to be a passive means of resistance against intrusion, which can be accepted by social norms, the defense counsel's assertion is not acceptable.