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(영문) 대구지방법원 2017.09.06 2017고정699
폭행
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On October 11, 2015, around 11:38, the Defendant assaulted the victim’s chest by her hand on the ground that the victim F (45 years old) attempted to turn off the microphones and talk about the contents of the decision at the E church headquarters located in the Gyeong-gun, Chungcheongnam-gun, Gyeong-gun, the Dog-gu Nowon-gu Nowon-gu, the Defendant tried to put the victim’s breasts at one time, and assaulted the victim’s breasts at the right blue of the latter.

Summary of Evidence

1. Legal statement of witness F;

1. Part of the second police interrogation protocol against the defendant;

1. Images recorded in CCTV-recording CDs;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

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 judgment of the defendant and the defense counsel on the assertion of a legitimate defense or a legitimate act under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, alleged that the defendant's Dan and the defendant's Doctrine constitute a legitimate defense or a legitimate act as an act to defend the victim's Doctrine, but considering the circumstances acknowledged by each evidence of the judgment and the detailed method of the defendant's breathing the victim, the defendant's act in the judgment has the nature of an attack beyond the minimum degree of defense that can be recognized as a legitimate defense, and it is not merely a passive defense act that does not violate social rules.

As such, it cannot be seen that it constitutes a legitimate defense or a justifiable act.

Therefore, the above argument is not accepted.

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