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(영문) 수원지방법원 여주지원 2015.09.22 2015고정149
폭행등
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

1. Around 20:20 on June 28, 2014, the Defendant assaulted the victim D(37 years of age) and the Defendant against the victim’s father at his own house located in Gyeonggi Pyeong-gun C, with the problem of her humpinginginging the victim’s father, and the said victim g-huming the victim’s face with 7-8 fingers, and g-huming the victim’s face with his g-hum, and g-huming the victim’s clothes one time to walk with the victim’s clothes.

2. In the same date, time, and place as described in the above paragraph 1, the injured Defendant, as described in D, victim E (the age of 62) and vagabonds, caused the injured Defendant to be faced with the front door by hand.

As a result, the defendant suffered injury to the victim, such as the left-hand salt around the water level, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

1. Each police suspect interrogation protocol against D, E, or F;

1. Each statement of D and F;

1. Determination as to the assertion of the Defendant and the defense counsel

1. The alleged defendant and his defense counsel argued that the defendant's act of assaulting the victim, such as the defendant's development of the clothes of D, and the victim's act of assaulting the victim, but this is a legitimate act that does not violate social rules as legitimate self-defense to protect the above victims' unfair infringement or passive resistance.

2. The term “act that does not contravene social norms” under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. As such, where a certain act satisfies the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance of the protected interest and the benefit of infringement, urgency, and supplementary nature that there is no other means or method other than the act, it constitutes a justifiable act.

I would like to say.

Supreme Court Decision 2004Do8530 Delivered on February 25, 2005

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