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(영문) 서울중앙지방법원 2021.02.04 2020고정862
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a member to promote the reconstruction of apartment B, and the victim C (V, 65) is a person who owns D.

On December 28, 2019, the Defendant: (a) around 16:14, 2019, at the front corridor of the Gangnam-gu Seoul Metropolitan Government D Apartment Building E located in the conference room to enter the conference room with apartment residents; (b) followed up the victim’s neck who was living in front of the Defendant, and opened the victim’s bridge by putting the victim’s bridge in his/her hand, and putting the victim’s bridge over the floor so that he/she gets off the wall so that the victim can take approximately two weeks of medical treatment, and sprinked down the spons of the sprink, the sphere of the spher

Summary of Evidence

1. Each legal statement of the witness C and F;

1. Results of the CD reproduction (No. 25 times a net time);

1. 1.2: 2/2 of the complaint, injury diagnosis, diagnosis, the first video file part of the video file to cover a photograph, the second video file to cover a part of the video file;

1. km-1575837379481 to close and 5 photographs, km-158148769 to close and six photographs [1. The defendant and his defense counsel denied the facts charged, but according to the above evidence, the fact that the defendant committed an act stated in the facts charged is sufficiently recognized.

2. The defendant and his defense counsel asserts that even if the act of facts charged is recognized, it is legitimate defense or legitimate act.

Whether a certain act becomes a legitimate act or a legitimate defense as a reason for the exclusion of illegality should be determined rationally and reasonably depending on the specific cases, and the legitimacy of the act is not possible by exceeding the national order.

To be recognized as a legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance of the legal interests protected and infringed legal interests, the fourth urgency, and the fifth supplementary requirement that there is no other means or method than the act.

In addition, if the defense of a political party is established, the type, degree, method, and level of the legal interest infringed by the infringing act, the level of the infringing act, and the type and degree of the legal interest to be infringed by the defense act.

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