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(영문) 대구지방법원 2017.04.27 2016고정2207
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

On August 5, 2016, the Defendant’s bill of indictment in Daegu Northern-gu, Daegu Northern-gu, Daegu-gu, the victim D (n, 52 years of age) does not contain the victim’s gender and age. However, even if the Defendant’s bill of indictment was corrected without any amendment to the indictment, it does not seem that the Defendant’s exercise of the Defendant’s right of defense would be seriously disadvantaged. Accordingly, the Defendant’s amendment ex officio is made.

While there has been a dispute as a problem of the same business, the victim was assaulted to get his arms up in order to get him away with the key of the entrance, with the knowledge of his intention to get him up with the key.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant asserts that the Defendant’s argument on the Defendant’s argument under Article 334(1) of the Criminal Procedure Act is justifiable to the effect that, in order to find the keys of the entrance door of the store operated by the Defendant (the Defendant started to operate the store with the victim, but the Defendant operated the store after the dispute occurred at the beginning of the business), the Defendant attempted to have the entrance door and failed to operate without any key, thereby constituting the instant crime, and thus, it does not constitute a crime by blocking illegality as a justifiable act.

The term "act that does not violate the social norms" under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the requirements such as legitimacy of motive or purpose of the act, reasonableness of means or method of the act, balance between the legal interest and the legal interest of the law of invasion, urgency, and supplementary nature that there is no other means or method than the act (see Supreme Court Decision 2004Do8530, Feb. 25, 2005, etc.).

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