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(영문) 서울중앙지방법원 2018.12.13 2017고정2023 (1)
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

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

Reasons

Punishment of the crime

Defendant

A around 07:45 on January 14, 2017, around 07:45, around D6-story in Gangnam-gu Seoul Metropolitan Government, used a conference room in order to hold a temporary meeting with a pastor from the corridor of the D6-story in Gangnam-gu, Seoul, for the purpose of holding a meeting with a pastor, the victim E ( South, 58 years old) who objects to a pastor at ordinary level, attempted to go to a pastor, and assault both arms by putting a part of the victim's blurium.

Summary of Evidence

1. Partial statement in each protocol of examination of the witness to E, F, G and H of this Court;

1. Some statements made to the I or J concerning the suspect examination protocol of each police officer;

1. Part of the police statements made in relation to E and F;

1. Application of the Acts and subordinate statutes written in F, G and H:

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Defendant A’s assertion as to Defendant A’s assertion of Article 334(1) of the Criminal Procedure Act provides that Defendant A’s act constitutes a legitimate act that does not violate social rules, or a legitimate defense that does not constitute a legitimate act that does not violate social rules, and thus, the illegality is dismissed.

However, in full view of all the circumstances such as the victim’s speech and behavior and behavior, the victim’s speech and behavior and attitude toward the pastor as the victim’s original wish, the physical distance between the victim and the victim’s scambling, the method and degree of the assault committed by the Defendant A, and the situation before and after the assault, etc., it is difficult to view the Defendant A’s above act as an act of attacking the scambling with the victim’s original intent, and it does not constitute a case where there is no other means or method, and it does not constitute a legitimate defense or a legitimate act.

Therefore, Defendant A’s above assertion is without merit.

The acquittal portion

1. The summary of the facts charged Defendant A is Gangnam-gu Seoul around January 14, 2017.

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