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(영문) 청주지방법원 2020.10.16 2020고합110

폭행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 1, 2019, at around 20:50 on September 20, 2019, the Defendant assaulted the victim's chest and neck with his hand while the victim met the victim D (the age of 55) in the C-dong parking lot of the building in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the victim was tightly involved in the victim's face, chest, etc. with his hand.

Summary of Evidence

1. Application of the police interrogation protocol of each police suspect interrogation protocol of the defendant as to D's partial statement of the defendant's witness D's oral statement to each police suspect's interrogation protocol of the defendant as to D's partial statement, the statute applicable to photograph of the suspect D as to the defendant's partial statement of the defendant

1. Article 260 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. The Defendant and the defense counsel’s argument regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act are passively threatening the victim to defend by assaulting the Defendant’s face and chest in advance. Such an act by the Defendant is dismissed as unlawful by self-defense under Article 21 of the Criminal Act or by a justifiable act under Article 20 of the Criminal Act.

Whether a certain act constitutes a legitimate act or self-defense as a ground for excluding illegality should be determined reasonably and reasonably depending on specific cases, and the legitimacy of another act cannot be left beyond the national order.

To be recognized as a legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected legal interests and the infringed legal interests, the fourth urgency, and the fifth supplementary requirement that there is no other means or method than the act.

In addition, if self-defense is established, all kinds of legal interests infringed by the act of infringement, such as the type, degree, method of infringement, and type and degree of legal interests to be infringed by the act of defense.