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(영문) 서울남부지방법원 2015.10.02 2015고정1586
폭행
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who works as a house from the "Emergency Countermeasures Council (Non-Subrogation)" supporting Bridge C before the school conference.

Victim D(61) is a member of the group of people who are opposing the above C, "a group of people who are to immediately establish a meeting."

On December 14, 2014, at around 09:53, the defendant assaulted the victim, such as the victim's rear neck and face, etc., by putting the victim's back blue and right blue in the process, from the connecting passage of the Bridge in Yangcheon-gu Seoul Metropolitan Government, to the third floor of the Bridge A, 'non-Subrogation side' to prevent them.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. The defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act was conducted by the defendant as stated in the facts of the crime in the judgment in the course of entering the church as the principal place for the purpose of worship, and this is alleged to the effect that it constitutes a justifiable act as "act which does not violate the social rules" under Article 20 of the Criminal Act. However, in light of the circumstances of the case, the defendant's attitude toward the defendant's act and the result of damage, etc., the above argument cannot be viewed as a justifiable act that does not violate

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