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(영문) 대전지방법원 천안지원 2018.02.09 2017고정804
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 10, 2017, the Defendant: (a) around 12:00, the victim E visits a site for the exercise of the right of retention as a creditor’s agent at around 12:00.

At the same time, I tried to enter the second floor office of the above company.

Accordingly, the above defendant prevented the above victim, faced with the victim's arms, body, and smuggling, and faced with the stairs rail.

As a result, the Defendant inflicted an injury on the victim, such as scopical salt in need of approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The protocol of suspect interrogation of each police officer regarding E;

1. The defendant asserts that his act constitutes a legitimate defense or a legitimate act.

However, to recognize an act as a legitimate defense, it must be reasonable and reasonable to protect the present unfair infringement of one’s own or another’s legal interest. Whether an act of defense is socially reasonable should be determined by taking into account all the specific circumstances, including the type and degree of legal interest infringed by the act of infringement, method of infringement, the completion of the act of infringement, and the type and degree of legal interest infringed by the act of defense (see, e.g., Supreme Court Decision 2013Do2168, Mar. 15, 2017). In addition, to recognize an act of a political party, requirements such as (i) the motive or justification of the act; (ii) the reasonableness of the means or method; (iii) the balance between the benefits of protection and infringement; (iv) the balance between the benefits of infringement; and (v) the degree of urgency and supplementary nature that there is no other means or method other than the act (see, e.g., Supreme Court Decision 2003Do3000, Sept. 26, 2003).

It is difficult to see and balance legal interests.

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