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(영문) 대구지방법원 2015.08.28 2015고정372
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 28, 2014, around 18:10 on October 28, 2014, the Defendant assaulted the victim C (the age of 50), who was dead prior to the parking lot of the Daegu Suwon-gu Daegu-ro 74-ro 6 (Modong, Baol apartment) (the age of 50), with a view to talking about the victim C (the age of 50).

Summary of Evidence

1. Application of the respective legal statements of witnesses C and D to the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. In light of the background leading up to the occurrence of the instant crime, the degree and method of assault by the Defendant, and the degree of damage to the victim, etc., which can be revealed by the evidence adopted and investigated by the court regarding the assertion of a justifiable act under Article 334(1) of the Criminal Procedure Act, the Defendant’s act cannot be deemed to have satisfied the requirements such as legitimacy of motive or purpose, reasonableness of means or method, balance between protected interests and infringed interests, urgency, supplement, etc., and thus, cannot be deemed to constitute a justifiable act that does not violate social rules

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