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(영문) 의정부지방법원 2015.01.15 2014고정965
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 15, 2013, around 10:20 on December 15, 2013, the Defendant, at the D church parking lot located in Seocho-gu Seoul Metropolitan Government, caused the victim to go beyond the body of the victim by double arms, resulting in the victim’s injury, such as the following lights and the alleys, requiring three-day medical treatment.

Summary of Evidence

1. Legal statement of E;

1. Statement of each police statement of E;

1. A complaint letter and a written diagnosis of each injury;

1. Application of Acts and subordinate statutes to video CDs (at least 14, 1/30 to 40 seconds) and violence face photographs (Evidence No. 15);

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

A. The defendant and his defense counsel asserts that the defendant's act does not constitute legitimate acts for the purpose of self-defense to protect F, or for the purpose of protecting F and preventing the use of church buildings which are collective ownership property.

B. Whether a certain act constitutes legitimate act that does not contravene social norms and thus, should be determined on an individual basis by comprehensively considering the following specific circumstances. To recognize such legitimate act: (a) the legitimacy of the motive or purpose of the act; (b) the reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act; and (b) in order to establish self-defense under Article 21 of the Criminal Act, the act of defense must be socially reasonable in light of all specific circumstances, such as the type, degree, method of infringement; and the type and degree of legal interests infringed by the act of infringement; and (c) the type and degree of legal interests to be infringed by the act of defense.

Supreme Court Decision 209.

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