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(영문) 수원지방법원 여주지원 2020.01.06 2019고정199
폭행
Text

Defendant shall be punished by a fine of KRW 100,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 14:00 on June 24, 2019, the Defendant: (a) 14:00, in order to collect the civil evidence of civil action, the victim C (Nam, 58 years of age) and the wife victim D (the years of age, 53 years of age) spreaded the red scale on the boundary marking in order to collect the evidence of civil action, which is in progress in the Seoul High Court; and (b) scaleed the victim C’s chest and other parts of the victim D’s arms by scale-2 sealed them more than 10 times by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Each injury diagnosis letter;

1. Each photograph;

1. Application of statutes in cadastral map;

1. Article 260 (1) of the Criminal Act and Article 260 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The victims asserted that the issue of Article 334(1) of the Criminal Procedure Act is the issue of the provisional payment order is that the victims interfered with the car page business by fasting the ground before the defendant's operation, and the defendant committed the crime of this case to prevent it.

Therefore, the defendant's act is not illegal as self-defense.

Judgment

In order to establish self-defense, the act of defense should be deemed to have been socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, the level of completion of the infringement, and the type and degree of the legal interest to be infringed by the defense act.

(see, e.g., Supreme Court Decision 92Do2540, Dec. 22, 1992). In this case, the legal interests asserted by the Defendant as infringement are operated as a de facto manner, and the Defendant infringed the body of the victims to defend the said legal interests.

However, the evidence duly adopted and examined by this court is followed.

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