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(영문) 서울남부지방법원 2014.11.19 2014고정2164

폭행

Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 21, 2014, at the entrance of Gangseo-gu Seoul Metropolitan Government C Apartment 104, the Defendant heard the bath from the victim D (the age of 48, the female). On April 21, 2014, the Defendant assaulted the victim with his hand once.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. As to the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act, the defense counsel asserts that the defendant's abusive theory from the victim is a justifiable act that does not go against the social norms, because the defendant's abusive theory is the victim's leaving the victim's, etc., but according to the above evidence, it is acknowledged that the defendant was closely involved in the victim's act. This is an exercise of force against the victim's will and constitutes an assault of the crime of assault regardless of its power's bruttion. Since the degree of assault is minor, it is difficult to recognize that the above argument constitutes a legitimate act that does not go against the social rules even if it is minor.