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(영문) 부산지방법원 2019.01.11 2018고정1402
폭행
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

At around 18:30 on June 12, 2018, the Defendant: (a) put C with a view to talking about “A’s husband’s her husband to see the problem that water flows under the Defendant’s residence, thereby preventing him/her from 45 years ago” (hereinafter “C”) in his/her residence (hereinafter “C”).

Accordingly, the defendant's defect that the victim who was next to this was "Ilman, Dok-man," caused the victim to fall off by his own hand, and continued to sit down on the floor, and the part below the part of the victim's neck was knicked as his hand.

(hereinafter “instant violence”). Accordingly, the Defendant assaulted the victim.

Summary of Evidence

1. Part of the defendant's legal statement;

1. The statement concerning B;

1. Application of the Act and subordinate statutes to investigation reports (number 7), photographs and video output materials; and

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act selecting a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion of justifiable acts under Article 334(1) of the Criminal Procedure Act

1. The main head of the defendant/defense counsel asserts that, although the defendant tried to divide the defendant's suffering due to the neighboring C and the dispute with the neighboring C, the defendant tried to leave the place in which C continued to leave the place, the defendant's act of action, which is a justifiable ground for the elimination of illegality as stipulated under Article 10 of the Criminal Act, is a legitimate act, since the defendant's defendant/defense tried to leave the place in which C continued to leave the place in this case.

2. The term “act which does not contravene social norms” as prescribed by Article 20 of the Criminal Act means an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it;

The illegality of any act does not violate the social rules.

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