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(영문) 서울중앙지방법원 2018.09.20 2018고정551

폭행

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On February 19, 2017, around 13:20 on February 19, 2017, the Defendant: (a) taken the Defendant’s appearance of the Defendant fighting the body between the victim D (Woo, 37 years of age) before the C church located in Gangnam-gu Seoul Metropolitan Government as a Handphone; (b) taken the Defendant’s body fighting with the victim’s hand.

The victim assaulted the victim by using the method of fishing the Handphone.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel’s assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act asserted that the Defendant and the defense counsel expressed their intent to refuse to take their own form without permission, but the victim continued to photograph and refrain from taking them, and they did not assault the victim, and the Defendant’s act constitutes a justifiable act.

However, according to each of the above evidence, the defendant's act of assaulting the victim by setting the hand phone of the victim's hand, and it is urgently necessary to restrain the defendant from taking the above shooting to the extent that it can justify the exercise of force against the victim at the time.

In addition, the defendant's act did not constitute an active attack beyond the passive control even though other means or methods to prevent the victim from acting, such as prohibiting the victim from demanding the victim to confirm and delete his/her photograph or image, or preventing him/her from photographing, and the defendant's act met the requirements as a justifiable act.

shall not be deemed to exist.

Defendant

All defense counsel's arguments shall not be accepted.