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(영문) 수원지방법원 2017.01.26 2016고정2286

폭행

Text

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

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

Reasons

Punishment of the crime

On June 1, 2016, the Defendant: (a) visited the victim E ( South Korea, 34 years of age) from the D Authorized Broker for the operation of the Defendant in Young-gu, Suwon-si, Suwon-si; and (b) visited and resisting on December 1, 2016, on the ground that the victim E (the victim E, South Korea, and 34 years of age) was asked about real estate purchased on or around December of this year; and (c) assaulted the victim by talking him.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Ctv video cd [referring to an act that does not violate the social norms" prescribed in Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the legal interests and the legal interests of the protected law, urgency, and supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decisions 86Do1764, Oct. 28, 1986; 9Do4273, Mar. 10, 200).

In light of the circumstances acknowledged by the evidence adopted by the court and the relationship between the defendant and the victim, the defendant's act satisfies all the above requirements.

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Application of 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are considered as follows: (a) details leading to the Defendant’s instant case and the degree of type used by the Defendant is very insignificant.