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(영문) 수원지방법원 2018.08.23 2018고정967

폭행

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 8, 2018, at around 15:30, the Defendant revised part of the facts charged to the extent that it does not affect the Defendant’s exercise of the right to defense against the defect, “A victim D,” in front of C in the period of the 15:30 of the 2018.

In the meantime, he assaulted the victim, such as her bucking at one time, her chesting, cutting down his chest, and taking her neck.

Summary of Evidence

1. Statement by the defendant in court;

1. In the investigation report (CCTV image) [1] The defendant asserts to the effect that the defendant's act is justified as a legitimate defense, since the victim committed an act identical to the criminal facts in the defense vehicle by pushing his head with a strong desire on several occasions.

However, in order for a certain act to be recognized as a legitimate defense, it must be reasonable to defend the current infringement of one’s own or another’s legal interest. However, the act of assaulting the other party’s body in response to the other party’s bath cannot be deemed as an act necessary and appropriate to defend the present unfair infringement.

In addition, at the time of committing a crime that can be known by CCTV images, the defendant and the victim's behavior (the victim is under the influence of alcohol so that the victim is maintaining body in close vicinity to the defendant) or

In light of the situation before and after the crime, the degree of force of the defendant's use, etc., the defendant seems to have been able to sufficiently avoid the situation by simply deviating from the place, but the defendant's act is judged as an active attack.

② The Defendant asserts to the effect that a young person committed such an act with the intent to restrain and admonish a young person who was under the influence of alcohol without any justifiable reason, and that such act constitutes a justifiable act that does not go against social norms. However, the Defendant is a justifiable act.