logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.01.16 2013고정4486
폭행
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 26, 2013, at around 22:40, the Defendant assaulted the Defendant’s “Dju” in the operation of the Defendant located in Gwanak-gu in Seoul Special Metropolitan City, on the ground that the Victim E (28 years of age) had the Victim E (hereinafter “Dju”) 1 and 1 each week and canceled the order without paying the price.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the second protocol of the trial;

1. Application of Acts and subordinate statutes on voluntary reports;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The Defendant’s assertion on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserts that such an act constitutes a lawful act of self-defense, legitimate act, and self-help, and thus, constitutes an act of self-defense.

However, self-defense is a legitimate act that does not violate social norms and is reasonable as it is for the purpose of defending the current infringement of one's own or another's legal interest. In order for a certain act to be dismissed to be justified, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interest and the infringed interest; (iv) urgency; and (v) supplementary nature that does not have any other means or method than the act. If it is impossible to preserve a claim by legal procedure, the act of self-defense refers to a considerable act to avoid the impossibility or significant difficulty of the exercise of the claim. In light of the above legal principles, it can be viewed that the act of the defendant is legitimate, legitimate act, and self-defense.

arrow