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(영문) 춘천지방법원 원주지원 2016.04.18 2015고정554
폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 17, 2015, the Defendant assaulted the victim by having the victim go beyond the floor by pushing the body of the victim in both hands, when the Defendant demanded the victim E (nive, 46 years of age) to wear the clothes of the victim and go to death on a day in the singing room located in the original city C at around 00:22.

Summary of Evidence

1. Statement made by the police for E;

1. CCTV images;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 260 (1) of the Criminal Act applicable to the relevant criminal facts and Article 260 of the choice of punishment: Selection of a fine;

1. Suspension of sentence: Determination on the assertion of the accused and the defense counsel under Articles 70 and 69(2) of the Criminal Act

1. The fact that the defendant's assertion of the defendant and his defense counsel was harming the victim, but this was constantly driving away by the victim, and the defendant's clothes and body was boomed.

The defendant's act is a political party's defense or passive resistance to avoid the current illegal infringement, and it is not illegal as it constitutes a justifiable act.

2. In full view of the circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant’s physical act was committed including the victim’s intent to attack beyond passive defensive act, and such act was an urgent and inevitable means to deem reasonable in the means and method.

shall not be deemed to exist.

Therefore, the defendant's act cannot be viewed as a legitimate defense or legitimate act.

Defendant

We cannot accept the assertion of defense counsel.

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