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(영문) 수원지방법원 2020.01.10 2019고정1267
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

The defendant is an article A/S that visited the victim B's house in order to repair his/her personal phone.

On May 3, 2019, the Defendant demanded on May 19:41, 201, the Defendant, in order to complete the repair of the personal phone at the home of the victim of the Yeongdeungpo-gu C Apartment D and to remove the closed personal phone, requested the victim to change the closed personal phone, but the victim rejected the request.

Therefore, if the defendant does not know of the closed sealphone, he removed the installed sealphone from the installed sealphone, and the victim was assaulted by the victim in excess of the victim while the victim was boomed by blocking the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. 112 Report disposal slips;

1. The defendant and his defense counsel asserted that the defendant's act constitutes a justifiable act according to his duties, as he interfered with the legitimate performance of duties of the defendant who intends to remove the part in question and refused to restore the part in question to its original state. However, according to each of the above evidence, it can be recognized that the defendant's act beyond the victim was committed in accordance with the internal guidelines of the place of business and relevant laws and regulations, even if the defendant properly performed his duties, it is difficult to regard the defendant's act beyond the old victim's own judgment that has a considerable age difference as a justifiable act, and thus, it cannot be accepted). The above argument cannot be accepted.

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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