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(영문) 서울중앙지방법원 2017.10.25 2017고정1064
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is in charge of business duties in the “D club” located in Seocho-gu Seoul Metropolitan Government, and the victim E (19 years of age) is a university student, and the victim E (19 years of age) was first in the “D club.”

On July 23, 2016, around 05:40 on July 23, 2016, the Defendant assaulted the victim by drinking flaps, on the ground that the victim was intending to take away female customers in his/her side, within the “D clubs of the first floor of G hotel in Seocho-gu Seoul Metropolitan Government F.”

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes of scam of assault submitted by the victim;

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. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel asserted that the defendant's act constitutes a justifiable act because the defendant's act does not constitute a legitimate defense or a violation of social rules and does not constitute a mere act, and the defendant's act has the nature of an attack and has the nature of the act of attack, not just because it is reasonable to deem that the means or method of attack is reasonable, but there is no other means or method of urgency or other means or methods.

Therefore, it cannot be seen that the illegality is excluded as a legitimate act that does not violate the political party defense or social norms.

Therefore, the defendant and his defense counsel are above.

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