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(영문) 전주지방법원 군산지원 2013.09.04 2013고단384
강제추행등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 26, 2012, around 00 00:10, the Defendant assaulted the victim’s breath by booming the Defendant’s shoulder in a shower shower ran saeng, where the Defendant 1 was a shower 262-7, 201 and 262-7.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement to C by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, arguing that the defendant's act of taking the victim C's dubbat is a passive defensive act to escape from an unjust infringement on his body, and thus, self-defense or excessive

Unless there are special circumstances such as: (a) an ordinary act of attack and defense has been committed between the two fighting parties; and (b) at the same time the act of attack and defense has been committed; and (c) the two areas of attack, which are the act of attack. Thus, even if the two fightings appear to be conducted, the act of attack and defense cannot be deemed as a legitimate act for defense or self-defense by either party only, barring special circumstances such as (i) the party unilaterally committed an unlawful attack and (ii) the other party exercised force as a means of resistance to protect himself/herself from such attack and to escape therefrom.

(see Supreme Court Decision 201Do13927, Dec. 8, 2011). In light of each evidence submitted to and examined in this court, the Defendant can be found to have the victim’s satisfe by breaking the Defendant’s shoulder and satching, against which the Defendant resisting the Defendant’s satfebbling, and sating the Defendant’s sattts by sating the Defendant’s satfe.

The above act of the defendant is against the victim's unilateral illegal attack.

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