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(영문) 서울북부지방법원 2017.11.02 2017고정780 (1)
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 26, 2017, around 22:25, 2017, the Defendant assaulted the victim by drinking d (45 years) and fee, a substitute driver, on the street in front of Dobong-gu Seoul Metropolitan Government apartment building 1709, on the ground that he was bad and bad.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness D’s legal statement statutes in part;

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. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion as to Article 59 (1) of the Criminal Code of the Suspension of Sentence (the defendant's primary crime, the circumstance of the case, etc.) and the defendant's defense counsel asserted that the defendant's act constitutes a justifiable act because it does not constitute a legitimate defense or violate social rules. However, the defendant's above act is not limited to a mere defensive act, but also has the nature of an attack act, and it is deemed that it has complementary nature that there is no urgency or other means or methods.

Therefore, the above assertion cannot be accepted, since it cannot be viewed as legitimate acts that do not violate the political party defense or social norms, and the illegality is excluded.

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