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(영문) 대구지방법원 서부지원 2018.12.20 2018고정395
특수폭행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a neighbor who lives in the Eastern, such as B.

On the front side of D in Daegu-gu, at around 20:40 on December 13, 2018, the Defendant tried to 20:40, the Defendant: (a) assaulted the Defendant (52: 52; hereinafter “the Defendant”) to “the Defendant,” which was a dangerous object that was on the floor of the Defendant, to block ( approximately approximately 21 cm in length, about 10 cm in width, about 10 cm in thickness) over the Defendant’s left side, and tried to take another delivery block; (b) the Defendant dumpeded the Defendant’s spath with the Defendant’s flab, and cut off the Defendant’s spath with the left-hand bow; and (c) dumped the Defendant’s spath with the Defendant’s spath with the Defendant’s flaps; and (d) dump with the Defendant’s flap with the Defendant’s assaulted the victim’s right-hand.

Summary of Evidence

1. Statement by the defendant in court (as at the second public trial date);

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Occurrence of a crime such as violence, etc. and report on voluntary accompanying of the suspect;

1. Report of investigation (Attachment of site photographs of the police in mobilization), report of investigation (specific place, etc. of the scene), application of Acts and subordinate statutes to report of investigation (applicable to the name of the crime);

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel asserted under Article 334(1) of the Criminal Procedure Act against the provisional payment order that the illegality is excluded as a legitimate defense, since the defendant's act was aimed at defending the safety of the defendant from the victim's continued assault.

To recognize an act as a legitimate defense, it is necessary to be reasonable to protect the present unfair infringement of one's own or another's legal interests. In this case, whether the act of defense is socially reasonable or not.

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