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(영문) 전주지방법원 2017.06.30 2017고정83
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 11:00 on February 3, 2016, the Defendant assaulted the victim D (52) who was not adequate in a usual appraisal at the entrance of the partnership office of the redevelopment improvement project for housing located in the Yeongsan-gu Seoul-si, Seoul-si, and on the ground that the Defendant had a “house of the Act on the Improvement of Urban and Residential Environments,” which was kept in the partnership office, on the ground that he was in possession of the “house of the Act on the Improvement of Urban and Residential Environments”.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each police statement made with respect to D, E, and F;

1. Complaint;

1. A written diagnosis of injury;

1. Investigation report (ctv video cd and major pages);

1. Application of each statute on photographs;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion of the defense counsel’s act constitutes a passive defense act, which constitutes a legitimate defense or legitimate act.

2. Whether certain legal principles are justified as acts that do not violate social norms, and the illegality is excluded should be determined individually and reasonably under specific circumstances. Thus, to recognize such legitimate acts, the following elements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance of the legal interests of the protected interests and the interests infringed; (iv) urgency; and (v) supplementary nature that does not have any means or method other than the act. In order to establish legitimate defense under Article 21 of the Criminal Act, all specific circumstances should be considered, such as the type, degree, method, and method of infringement; (iii) the completion of the act of infringement; and (iv) type and degree of the legal interest to be infringed by the defense act.

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