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(영문) 수원지방법원 안양지원 2014.04.29 2013고정903
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 2012, the Defendant assaulted the victim E (the 60-year-old) by hand on the ground that the victim E (the 60-year-old) acted without a brucation against the vessel vessel at the time of the king-si of the king-si on August 2012.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by witnesses E in the third protocol of the trial;

1. Application of the Acts and subordinate statutes governing the statement of witness F in the fourth protocol of trial;

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

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

1. The defendant and his defense counsel on the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserted that the illegality is dismissed as it does not violate social rules as it was committed in the course of the defendant's continued conduct in the course of the defendant's continued conduct, which was the extension of the defendant's shoulder and did not sealed the victim's chest.

"Acts which do not violate social norms" under Article 20 of the Criminal Act refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding the act, and which act is not contrary to social norms, and the illegality of a certain act should be avoided as a legitimate act that does not violate social norms, and it should be determined individually by rationally and reasonably considering the specific circumstances. Thus, in order to recognize such legitimate act, the following requirements 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 between the protected interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the

(see, e.g., Supreme Court Decision 2003Do3000, Sept. 26, 2003). Welves, however, this Court.

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