(영문) 서울북부지방법원 2015.03.19 2014고정2116

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2015.03.19 2014고정2116

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 15, 2012, around 18:00 on December 15, 2012, the Defendant, in front of the Diplomatic Association located in Gangnam-gu Seoul Metropolitan Government, set aside 30 teachers and the front of their sentiments, prevented them from entering the church, and the victim E (the age of 59) had tried to enter the church into the church and became a dispute.

Accordingly, the defendant got her chests of the victim two times due to her head, and assaulted the victim's body over the victim's body.

Summary of Evidence

1. Legal statement of witness E;

1. Determination as to the defendant and his defense counsel's assertion of evidence photographs [including attached video CDs], investigation report (CCTV verification), investigation report (victim's assault video analysis)

1. The defendant and his defense counsel argued that ① the defendant intentionally committed a dance on the chest part of the victim, and the defendant did not have any fact that he was found to have her head or pushed her head, and ② even if the defendant's act constitutes the elements of the crime of assault, it did not constitute a minimum defense necessary to protect himself from an unlawful attack by the victim and escape from it, and thus, it does not violate social rules and thus, it is not unlawful.

2. Determination

A. First, we examine whether the defendant's act constitutes a requisite of violence.

According to the evidence mentioned above, the victim tried to dismantle the locker installed in the Doner entrance by using the locker, and the members of F (D D D D D D D D D D D D) including the defendant committed the defendant by leaving the door in front of the entrance. In the process, the defendant was tightly pushed the part of the victim's chest while the defendant was living together with his head, and the defendant was faced with his body with his head and left arms. Thus, the above act of the defendant constitutes violence as an exercise of force against the victim's body, and the defendant was intentional to such act.

유사 판례

-춘천지방법원 원주지원 2016.11.16 2016고정324

-인천지방법원 2019.05.16 2018고정1744

-의정부지방법원 고양지원 2019.12.11 2019고단1409

-서울중앙지방법원 2016.11.16 2016고정2511

-서울동부지방법원 2014.06.18 2013고정1427