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(영문) 서울북부지방법원 2018.04.19 2018고정45
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 18, 2017, at around 09:00, the Defendant assaulted the victim’s left part part of the victim E (n, 24 years old) on the D1st floor located in Gangnam-gu Seoul Metropolitan Government, on one occasion on the ground that the Defendant is bad for the face of the victim, and that the Defendant is bad for it, and assaulted the victim on one occasion on the part of the victim, i.e., “n, bottled with the death of the patient.”

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. Investigation report (the results of CCTV reading installed in D) and the application of the Acts and subordinate statutes on video recording of the CCTV;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the alleged defendant has a fact about the part of the victim's left side, it was generated in the course of leading the defendant to the injured party, and the legitimacy of the purpose or the reasonableness of the means is recognized, and the above act by the defendant constitutes a justifiable act that does not violate social norms.

2. The judgment of this case was made by the injured party due to the negligence in the process of cutting a bank. Thus, the defendant can pay attention to the injured party by taking the victim into account his surrounding area in Melelel, etc.

However, it cannot be said that the victim is limited as stated in the facts of the crime, or that the victim is allowed to engage in insulting speech.

Defendant

We cannot accept the assertion of defense counsel.

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