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(영문) 서울남부지방법원 2017.07.14 2016고정2626

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 March 2, 2016, around 23:30 on March 2, 2016, on the ground that the victim C (62 years old) assaulted his spouse before Gangseo-gu, Gangseo-gu, Seoul, Gangseo-gu, 532 Dong-dong apartment 105, 105, the Defendant assaulted the victim’s neck with his left hand.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of the video CD-related Acts and subordinate statutes submitted by the respondent;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 186 (1) of the Criminal Procedure Act asserted that the illegality of the defendant's act constitutes a legitimate act, which does not go against the social rules, as a behavior to hear and resist the fact that his wife was assaulted.

However, in light of the motive and background of the instant crime, the method and process of the crime, and the circumstances after the crime, etc. admitted by the evidence adopted earlier, the Defendant’s act cannot be deemed as a justifiable act, and thus, the above assertion is rejected.