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(영문) 서울중앙지방법원 2019.03.13 2017고정3488

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 December 25, 2014, at around 03:40 on December 25, 2014, the Defendant took a sound as to whether the victim D (ma, 54 years old) was refused to enter from CPC employees on the ground that the victim D (ma, 54 years old) drinks in Jongno-gu Seoul, Jongno-gu CPC, and the Defendant, who was in compliance with the sound, dumpeded the victim’s stroke at CPC bank and the Jongno-gu, Seoul Elley road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

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/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted to the effect that the defendant and the victim's act constitutes a justifiable act that does not go against the social norms, since the victim sleeps his head several times in the wall and leads the victim out of the slive slurb, thereby leading the victim out of the slurb.

Article 20 of the Criminal Code provides that actions which do not violate social rules shall not be punished. The concept of social rules is stipulated as the basis for determining the most basic illegality. According to such provision, even if the act appears to fall under the elements for establishing a crime in light of the language and text of the provision of the law, its illegality shall not be immediately dismissed and punished only when it is deemed that it is within the scope of the socially created social order, which is extremely normal form of life, and a certain legal nature is recognized as not unlawful as a result of social development, and that the punishment is against social justice, or that it will be against the social justice, in light of the purpose and value of free democracy society.