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(영문) 대전지방법원 천안지원 2015.08.27 2015고정239
폭행
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 09:50 on October 30, 2014, the Defendant assaulted the Victim E (the 28-year-old) who was a public health doctor who treated one’s own mother in Asan City C with the intention that he could not be vaccinated unless he is informed of the name of the mother’s disease, on the ground that the victim E (the 28-year-old) was out of the Republic of Korea.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding E;

1. Description of the written diagnosis of injury;

1. Application of video Acts and subordinate statutes to the site photographs

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's defense counsel in determining the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's act constitutes a justifiable act because the defendant's defense counsel prevents the victim who is a public health doctor from the defendant's career and prevents the victim.

“Act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding the act. Thus, if a certain act satisfies the requirements such as the motive or justification of the act, the reasonableness of the means or method of the act, the balance between the protected interest and the infringed interest, urgency, and supplement of the said act without any other means or method other than the act, it constitutes a justifiable act.

I would like to say.

(See Supreme Court Decision 2013Do6761 Decided January 16, 2014, etc.). According to the evidence in its holding, the Defendant, along with his/her spouse on October 30, 2014, visited D with D, and requested the head of the branch, who is a public health doctor, to provide vaccination to the victim, who is a self-public health doctor, and Article 14(1)7 of the Enforcement Decree of the Act on Special Measures for Public Health and Medical Services, such as Agricultural and Fishing Villages, is the exclusive public official for vaccination.

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