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(영문) 부산지방법원 2015.04.16 2014고정5123

폭행

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On April 22, 2014, at around 02:10, the Defendant demanded that the victim E, a customer, take a part of the "D convenience store in the Busan East-gu, Busan, and then, the victim E, who was a guest, left the display stand, and sleeped with the display stand, pay the price of the dracker away from the floor.

However, when the victim refuses to do so, the defendant was able to take the victim's neck by hand, leading the victim by the entrance, leading the victim's neck one time by hand, leading the victim's neck by hand, and assaulting the victim by continuously pushing the victim's shoulder with both hand.

Summary of Evidence

1. Statement of witness E;

1. CCTV images;

1. Application of Acts and subordinate statutes on the face of violence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant and his defense counsel asserted as to the assertion of the defendant and defense counsel under Article 186(1) of the Criminal Procedure Act bearing the costs of lawsuit. The defendant asserts to the purport that the defendant's act constitutes a justifiable act, where the victim who gets disturbed for normal convenience store business was pushed out of the victim.

However, in light of the circumstance of assaulting a victim, the method and degree of assault, and the circumstances after the assault, etc., it is difficult to view that the requirements of motive or purpose of the Defendant’s act were satisfied, such as legitimacy of means and methods, reasonableness of means and methods, balance between protected interests and infringed interests, urgency, and supplement.

Therefore, the above argument shall not be accepted.