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(영문) 서울남부지방법원 2019.03.21 2018고단3656
폭행
Text

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

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

Reasons

Punishment of the crime

On September 22, 2017, the Defendant: (a) committed assaulting the victim’s side knenee, knenee, knenee, knenee, and knee, knee, knee, knee, and knee, knee, for about 2 to 3 minutes, in which the victim’s side knee is knee, who was living in one’s place at the time of the Government of Gyeonggi-si, 22:00.

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of the statement of military law and police officer concerning E;

1. A copy of the statement of each military judicial police officer in F, G, and H;

1. A copy of the statement I, J, and K [the defendant and his defense counsel] The defendant asserts that the act of the defendant in the judgment does not constitute an assault of the crime because it is difficult to view it as an exercise of force beyond the scope of social reasonableness. The assault in the crime of assault refers to the exercise of tangible force causing physical and mental harm to human body (see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). The illegality is determined by taking into account the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence of pain inflicted on the victim, degree of pain, etc. (see, e.g., Supreme Court Decision 2009Do680, Sept. 24, 2009). According to the above evidence, the defendant and the victim's military service was committed during the military service of the defendant, and other superior showing the victim's response to the defendant's act was committed, and the victim's physical or mental evidence was found to be found to 787 (Evidence evidence).

In addition, the place where the above act was committed is within the military unit and its superior.

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