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(영문) 서울동부지방법원 2017.05.30 2017고정586
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On January 4, 2017, the Defendant: (a) around 00:50, around 2017, Da “C” 203, located in Songpa-gu Seoul, sought assistance from the victim E (35 years) who was aware of D’s mobile phone while she was ssawd with D’s mobile phone in a nearby singing room, and was aware of D’s mobile phone.

The Defendant dumpeded the victim's timber who was coming from the door with a bad hand, pushed the victim's timber out of the guest room, and laid down the victim's breath outside the floor.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. The Defendant asserts that, not by assaulting E, he would depict E in a legitimate defense against unauthorized intrusion.

However, in order to recognize any act as a legitimate defense, it is necessary to protect the current unfair infringement of one's own or another's legal interest, so it is necessary to be reasonable, so there is no legitimate defense against an unlawful legitimate infringement.

According to the evidence duly admitted by this Court, E, a telecom employee, was accommodated in the same room as the Defendant.

D) Upon receiving a request to locate a Handphone from D, D can find out the fact that the Defendant opened a door directly to E, which the Defendant was familiar with, and it cannot be viewed as an unfair infringement against the Defendant, and there is considerable reasonableness in the conduct of the Defendant, who was in a contact with E, as well as the conduct of the Defendant.

shall not be deemed to exist.

Therefore, the above assertion by the defendant is without merit.

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. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with the detention of a workhouse is that the defendant does not reflect the crime of this case, and the victim is still punished and the damage has not been recovered.

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