beta
(영문) 서울중앙지방법원 2012.06.21 2011고정2546

폭행 등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 8, 2011, the Defendant: (a) committed assault on the part of the D, etc., which was under protection, in contact with his/her family in Seocho-gu Seoul Metropolitan Government, on one hand, at the victim E slope; (b) “ponner shall be able to see, she, she shall do so, she shall do so, she shall do so, she shall do so, she turn back back back on one hand at the back of the hand.”

2. 모욕 계속하여 피고인은 피해자가 “술에 취했으니 집으로 가라”고 하였으나 동료경찰관들이 있는 자리에서 “야, 씹할 놈아, 개 새끼야 너 나이가 몇 살이야”라고 약 30여분에 걸쳐 욕설을 하여 피해자가 “더 이상 욕설을 하게 되면 폭행죄와 모욕죄로 체포를 하겠다”고 말을 하자 오른손 가운데 손가락을 치켜세우며 “뻑큐”라고 큰소리로 욕설을 하고 손으로 피해자의 사타구니를 1회 만져 모멸감을 주는 등 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses E in the fourth trial records;

1. Ctv photographs and voice recording related to the suspect;

1. Application of Cdistrictv photographic Acts and subordinate statutes to the scene of crime;

1. Relevant provisions of the Criminal Act and Articles 260 (1) and 311 of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant and his defense counsel asserts that each of the crimes of this case in this case is a legitimate act or self-defense as an act that does not go against the social rules against the unfair treatment of the victim.

The term "act which does not violate the social rules" under Article 20 of the Criminal Act means the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and any act is a legitimate act which does not violate the social rules.