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(영문) 수원지방법원 안산지원 2018.06.07 2018고단287
상해
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

The Defendant’s fishery and C (Death on February 19, 2018) are those who are the head of fishing village fraternity, and the two are those who are residents of the same Dong Dong-dong neighborhood.

C around September 4, 2017, around 21:00, at the E funeral hall located D, the defendant raised an objection against the defendant in relation to his previous criminal complaint of C, and during this process, the defendant was flicked, cut off, and taken a drinking face.

As a result, C was injured by the defendant in need of medical treatment and stability for about 20 days due to the right side side, the fluoral, the fluoral, the left side, the inner part, the right plebal salter, etc.

Defendant 1 set up against C’s assault at the above date, time, and place and set up the neck of the victim C by hand and set up the bridge of the victim C, thereby committing assaulting the victim C.

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. Determination on the assertion of the Defendant of on-site CCTV CDs and defense counsel

1. The defendant's act of assertion is dismissed as a legitimate act that does not go against the social rules by passive resistance against the victim's violence.

2. Determination 1) In light of the evidence adopted and examined by the court, it is necessary to determine whether the act is justified as a legitimate act that does not contravene the social norms, and to individually consider and reasonably consider the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected interests and the infringed interests, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act (see Supreme Court Decision 2005Do8074, Apr. 27, 2006, etc.).

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