(영문) 서울중앙지방법원 2018.02.07 2017고정3144

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.02.07 2017고정3144

상해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is an employee of the secretariat of the E church in Gangnam-gu Seoul Metropolitan Government who is dissatisfied with the transfer of the worship of the above churchF, and the victim G is a person who supports the F FF pastor as the believers of the above church.

On June 7, 2017, the Defendant used both arms to set up a church entrance and prevent any defect in supporting the F woodhouse, including the victim, before the entrance door of the above church, in order to prevent the Defendant from entering the church, and assault the victim by cutting down the head and the part of the victim’s hair.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Application of the video-related statute;

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. A fine of 700,000 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 judgment of the defendant and his defense counsel as to the assertion of the defendant and his defense counsel under Article 59 (1) of the Criminal Code of the Suspension of Sentence (the extent of violence is not limited, and there are no criminal records against the defendant) alleged that the defendant's act does not violate social rules, and thus constitutes a justifiable act. However, the defendant prevented the victim by taking advantage of the following facts: the defendant's act is against the risk of breaking the victim, and the entrance was set off at the time, and the defendant was not in an urgent situation to prevent the victim, even if considering the circumstances that are the building management of the above church, such act does not seem to be reasonable, and there is no other means or methods to supplement the defendant's act.

Therefore, it cannot be seen that it does not violate social rules, and thus, is justified, or it does not constitute a legitimate defense.

참조조문

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