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(영문) 서울중앙지방법원 2018.02.07 2017고정2870
폭행
Text

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

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

Reasons

Punishment of the crime

On July 28, 2017, the Defendant, around 21:40, at Dongjak-gu Seoul Metropolitan Government, requested the victim D (57 tax) to pay the time limit, and assaulted the victim in line with the head of the victim by taking the Handbags like the police station, and Handbags used.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

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. As to the assertion by the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act, the defendant and his defense counsel asserted that the defendant's act constitutes a political party defense or a political party that does not violate social rules. However, the defendant's above act is not limited to a mere defensive act, and it is recognized that the defendant's act has the nature of an attack act, and it is not reasonable to deem the means or method, and there is a complementary nature that there is no urgency or other means or method.

Therefore, it cannot be seen that the illegality is excluded as a legitimate act that does not violate the political party defense or social norms.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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