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(영문) 서울동부지방법원 2018.11.16 2018고정708
폭행
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 26, 2017, at around 05:05, the Defendant was trying to start to attend school at the C church distribution lecture located in Gangdong-gu Seoul Metropolitan Government B, and the Defendant was photographing the Defendant with the victim D (52 aged) mobile phone, and assaulted the victim by getting off from the lecture team and booming the part of the victim’s hand, which was citing the cell phone by hand.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Six copies, the defendant, and one CD in the video screen to run a video screen (the defendant and his/her defense counsel did not have any fluority of the victim's grandchildren and had any contact with the defendant;

This argues that it constitutes a legitimate act or a legitimate defense.

However, according to the CD screen, the Defendant’s act satisfies the requirements such as reasonableness of the means, balance of legal interests, urgency, supplement, etc. in light of the following: (a) the Defendant’s act is clearly identified by side of the part of the victim’s hand; (b) the circumstances leading up to the instant crime, the method and degree of assault exercised by the Defendant, which can be revealed by the evidence duly adopted and investigated by this Court;

It is difficult to see the defendant's act as a passive defense to escape from unfair invasion.

Therefore, the defendant and his defense counsel's assertion cannot be accepted.

Application of Statutes

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was to be taken by the victim of the crime of this case in the course of preventing the defendant from taking a photograph of the defendant, and according to the CD screen, it is confirmed that the victim exceeded the victim's assault. However, in light of the speed of the victim's finger and the degree of the victim's finger over, the defendant's robbery was to the extent that the defendant's robbery exceeded the victim.

The sentencing that is difficult to see and all other records are shown.

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