logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.06.21 2017고정3283
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

At around 16:00 on September 7, 2017, the Defendant used to enter the above court from the main corridor No. 120 in Young-gu, Young-gu, Suwon-si, Suwon-si, Suwon-si, 120 Suwon-gu, the Defendant used a blue blue with the Defendant’s blue with the blue of the blue of the blue of the blue.

Summary of Evidence

1. Legal statement of the witness B;

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. A written statement of the victim;

1. In the investigation report (on-site CCTV investigation), investigation report (ctv video) [the defendant is asserting to the effect that the victim always saw the victim's bath and assault at all times, and the date and place of the above criminal facts are reported to the defendant, and the victim, at the time and place of the above criminal facts, did the same act as stated in the criminal facts at the defense level against him/her as a legitimate defense, and thus, it should be justified.

However, in order for a certain act to be recognized as a legitimate defense, it must be reasonable to protect the present unfair infringement of one’s own or another’s legal interest, and the act of assaulting the other party’s body in response to the other party’s bath cannot be deemed as an act necessary and appropriate to protect the present unfair infringement.

In addition, in light of the attitude of the defendant and the victim at the time of the crime known by each of the above evidence and the circumstances before and after the crime, the defendant's act is judged not to be a simple defense act, even considering the circumstances and contents of the dispute between the defendant and the victim claimed by the defendant.

Defendant’s assertion is rejected

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. 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;

arrow