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(영문) 서울동부지방법원 2018.10.23 2018고정879
폭행
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 7, 2018, around 14:40 on March 14:40, 2018, the Defendant, at the C real estate brokerage office located in Songpa-gu Seoul Metropolitan Government, was punished for trial expenses due to the problem of the victim D (n, 47 years of age) and brokerage commission by a certified private intermediary, and committed a brupt violence against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. The application of Acts and subordinate statutes to the investigation report (record)

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. Articles 70(1) and 69(2) of the Criminal Act concerning the confinement of a workhouse (the defendant and his/her defense counsel asserts that the act of the defendant constitutes legitimate defense.

In order to recognize a certain act as a legitimate defense, it is necessary to be reasonable to protect the current infringement of one's own or another's legal interests, and therefore, it is necessary to be reasonable to defend the current infringement of one's own or another's legal interests. Therefore, the legitimate defense against an

The issue of whether a defense act is socially reasonable should be determined by taking into account all specific circumstances, such as the type and degree of legal interests infringed by an act of infringement, method of infringement, level of completion of an act of infringement, and type and degree of legal interests to be infringed by a defense act (see Supreme Court Decision 2013Do2168, Mar. 15, 2017). According to the evidence duly adopted and investigated by the court, the victim refers to “prising and destroying,” “prising,” and “prising,” and “prising to the Defendant’s entrance,” and the Defendant appears to have brought about “prising to the Defendant.”

The term "(50 pages of the investigation record)" means "(50 pages of the investigation record) that the defendant appears to be close to the defendant's top, and that the defendant was pushed the police officer with the victim's topion."

In full view of the statements (57 pages of the investigation records), the victim's action led to the defendant.

Even if it has been terminated, it seems to have been already terminated.

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