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(영문) 서울중앙지방법원 2018.09.04 2018고정884
폭행
Text

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

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

Reasons

Punishment of the crime

On November 2, 2017, around 13:00, the Defendant assaulted the victim of the defect, such as spawning water and spawning water in front of the construction site of the building located in Gangnam-gu Seoul Metropolitan Government, in order to remove dust, the victim D d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d h d h

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. A petition, a vehicle photograph;

1. Each one attachment of at least one on-site CCTV image drive or an USB of a recording file;

1. Application of the Acts and subordinate statutes concerning the closure of CCTV screen pictures;

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;

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

3. Judgment on the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act (the grounds for conviction) of the Criminal Procedure Act

1. The Defendant’s act, as stated in the reasoning of the gist of the claim, constitutes a legitimate defense, since the victim first spawned the Defendant’s water and spawned against the Defendant’s smuggling.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., ① the victim was physically sealed by the Defendant at the investigative agency.

(2) According to CCTV images recorded at that time, in full view of the following facts: (a) the Defendant continued to engage in a dispute after the Defendant’s act of spreading water or pusheding the Defendant, etc., and committed assault as stated in its holding, the Defendant committed an unlawful infringement on the legal interests of the Defendant when he/she committed an act as stated in its holding.

It is difficult to see the legitimacy of its purpose, the reasonableness of means and methods, the balance of legal interests, urgency and supplement, and it does not constitute a legitimate defense or legitimate act.

Therefore, it is true.

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