beta
(영문) 의정부지방법원 고양지원 2017.01.06 2016고정672

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 15, 2016, around 20:50, the Defendant committed assault against the victim D (the 57 years of age) who was making a campaign on the second floor in Ilsan-dong-gu B at the time of Goyang-dong-gu, U.S. on January 15, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. The results of reproduction and viewing of video CDs;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant asserts that his act constitutes a legitimate act that is aimed at defending the victim’s unfair attack, and that it does not constitute a legitimate act that does not go against social norms.

In order to establish defense by a political party, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, method, and type and degree of legal interest to be infringed by the act of defense, etc. of infringement. The act of defense shall also meet the requirements such as legitimacy of motive or purpose, reasonableness of means or method, balance between protection benefit and infringement benefit, urgency, and supplementary nature that there is no other means or method than that of the act.

In light of the above evidence, even though the circumstance where there was a vagabonds between the defendant and the victim at the time of the instant case, it was acknowledged that there was a situation, but at the time of the Defendant’s cutting down and pushed down the victim’s neck, the victim was in the process of resisting the defendant, and there was only the process of resisting the victim’s interest. Accordingly, the degree of infringement on the legal interests of the defendant was serious, or it was extremely difficult or considerably difficult to

It is difficult to see it.

In addition, the background and situation at the time of the occurrence of the instant case, the means and result of each act by the Defendant and the victim, and the attitude at the time of the Defendant.