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(영문) 서울남부지방법원 2016.02.03 2015고정2448
특수폭행
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who lives in the same Dong as the victim B.

On June 14, 2015, around 18:10 on June 14, 2015, the Defendant reported that the victim B reported the core trees to the chemical team in front of Gangseo-gu Seoul Metropolitan Government apartment complex 7 complex 104, and committed assault that the victim saw on two occasions, which led to the hick line, which was misunderstanding that he saw, brought about the trees he saw.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's assertion and judgment under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is merely a case where the defendant's act constitutes a legitimate act, since the defendant's act is merely a case where the victim's stick that he was holding to block the defendant from extracting trees.

However, in light of the background, method, degree, and content of the crime of this case, which can be seen by the evidence of the judgment, the defendant's act cannot be deemed as a justifiable act that does not violate the social norms. Thus, the defendant's above assertion is rejected.

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