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(영문) 수원지방법원 안양지원 2015.01.15 2014고정1100

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 August 26, 2014, around 03:00, the Defendant, at the front of the “Dju” route in Ansan-si, brought the victim E (n, 52 years of age) (n, 52 years of age) to the telecom. However, the Defendant refused to do so, and the Defendant assaulted the victim’s left arms and bags several times by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted that the defendant's act is dismissed as a legitimate act that does not violate the social rules and thus does not constitute a legitimate act that does not violate social rules.

On the other hand, it is necessary to determine whether a certain act is justified as an act that does not contravene the social norms, and the illegality is excluded, based on specific circumstances, by comprehensively and reasonably examining the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected interests and the infringed interests, the fourth urgency, and the supplement of the absence of any other means or method other than the act.

(2) The Defendant’s act satisfies the requirements of justifiable act, such as reasonableness of means or methods, balance of legal interests, and supplement, in light of the form and degree of tangible force that the Defendant exercised against the victim (see, e.g., Supreme Court Decision 2002Do507, Dec. 26, 2002).