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(영문) 의정부지방법원 고양지원 2017.10.19 2017고정719
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On June 1, 2016, the Defendant, at the first floor parking lot in front of the D Child Care Center C located in Yongsan-gu, U.S., Dongdong-gu, Sinyang-gu, the Defendant: (a) recorded the parents who were involved in the administration of the above child care center and the police officer’s field identification; (b) took the victim’s bath, carried the victim’s chest by hand; and (c) took the victim’s chest by driving the victim’s chest with the hand, frighted the victim’s breast, frighted the victim’s fright, frighted the victim’s fright, frighted the victim’s breast, frighted the victim’s fright, and frighted it again, and inflicted an injury on the victim by assaulting the victim for about 15 days.

Summary of Evidence

1. Statement made by the police for E;

1. A medical certificate of injury (E);

1. The act of defense should be socially reasonable, taking into account all specific circumstances, such as the type, degree, method, and level of infringement of the legal interest infringed by the act of infringement, as well as the kind and degree of legal interest to be infringed by the act of defense. The act of defense as a requisite for the establishment of a political party’s defense includes not only pure passive defense but also anti-defense that includes active anti-defense, but also the act of defense must have considerable reasons for defending one’s own or another’s legal interest.

It is difficult to see that the act of the victim who takes photographs of other parents of the defendant is an infringement, and there is an infringement of the right of portrait claimed by the defendant.

Even if it is not possible to take a photograph, it is a defensive act that assaults a victim on several occasions.

It is difficult to regard it as an act that is socially or socially reasonable.

Likewise, the means or method of the act is not reasonable, and it does not constitute a justifiable act because there is no other means or method than violence.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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