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(영문) 광주지방법원 순천지원 2016.08.17 2016고정223

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 November 3, 2015, at around 17:40 on 17:40 on 17:40, the Defendant, at the office of the apartment management office in Macheoncheon-si, the Defendant, as a matter of the attachment of a notice, assaulted the victim by fasting the two arms of the victim who was going to leave the office of the management office, and then blocking the victim by hand, and assaulting the victim by pushing the victim at his body once.

Summary of Evidence

1. Protocols made by the police concerning partial 1 or D of the defendant's legal statement;

1. A medical certificate, a certificate of discharge from a entrance, and a written opinion;

1. A protocol concerning the examination of suspect of the police in relation to E, F or G;

1. Viewing CCTV images (the defendant and his defense counsel argued that the defendant's co-ordining the two arms of the victim does not correspond to violence, and that the defendant's instant act constitutes legitimate defense. However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., ① eight occupants including the defendant and this court have taken out of the victim's body when she resisted the victim's voice, ② the victim who the defendant intends to come out of the victim's body, ③ the victim who is difficult to move out of the victim's body, ③ the victim's body was pushed back and out of the victim's body, ④ the defendant was faced with the defendant who tried to move out of the victim's body, and the defendant again took out the victim's assault with the victim's hand, etc., the above defendant's act of violence is seriously protected by the social defense.

The defendant and his defense counsel's assertion cannot be accepted, since it cannot be viewed as a legitimate act acceptable in light of the passive or passive defensive act or social norms.

Application of Statutes

1. Criminal facts;