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(영문) 수원지방법원 안산지원 2019.06.20 2019고정370

폭행

Text

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

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

Reasons

Punishment of the crime

Defendant

A(83 years old) Full-time Chairman of the Senior Citizens Association, and Victim B(73 years old) is a full-time director of the Senior Citizens Association.

On January 11, 2019, around 11:15, the Defendant assaulted the victim by inserting three hensns of the month he prepared in advance into the family bank on the ground that the victim did not attend the general meeting, even though he was the date of the general meeting.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the examination of suspect B;

1. Application of statutes on photographs of damage;

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. Determination as to the assertion by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The defendant's act of claiming is intended to require correction of the wrong operation of the victim in relation to the operation of the Senior Citizens' Association in his/her capacity as a senior citizen's council member, which does not constitute a crime because the illegality is excluded as an act socially reasonable or a legitimate act.

2. The crime of this case is socially reasonable on the grounds that the defendant asserts that the judgment is reasonable.

Since it cannot be viewed as a legitimate act that does not violate social rules, etc., the above assertion by the defendant and his defense counsel shall not be accepted.