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(영문) 인천지방법원 2018.02.05 2017고합756

폭행

Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

The court revised the facts charged to the extent that it does not interfere with the defendant's defense right according to the facts acknowledged by the evidence duly adopted and investigated by the court.

On July 11, 2017, around 22:05, the Defendant assaulted the victim’s head on one hand at his/her hand on the ground that the victimized person who was in dispute with each other, due to the view to the view of the victim E (3 tax)’s early 2:05 Da apartment building due to the view of the view of the victim E’s condition F and parking, continued to be followed by the Defendant, such as taking the body of the Defendant, and getting annoyed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. A report on internal investigation (a CCTV backup and analysis) and investigation report (a document attached to a detailed statement for the processing of reported cases);

1. Application of Acts and subordinate statutes to photographs at the time of damage;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 summary of the argument is that the defendant was pushed ahead of the victim's head at the time and place of parking at the time and place indicated in the facts charged even one time. However, the defendant's act is nothing more than being pushed ahead of the victim's head, considering the defendant's body as the victim's "low price" as the victim's head, because the victim gets off several times prior to leaving the parking Stick on the floor by cutting the defendant's hand, and carried the defendant's body by drinking it on several occasions, and as such, the defendant's body was shakened. Therefore, the defendant's act is justified as a political party (it does not violate social rules) stipulated in Article 20 of the Criminal Act.

2. Determination

A. An act that does not contravene social norms as stipulated in Article 20 of the Criminal Act refers to an act that is permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding the act, and thus, the motive or purpose of such an act is just and reasonable.