(영문) 서울서부지방법원 2015.01.15 2014고정1653

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(영문) 서울서부지방법원 2015.01.15 2014고정1653

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

On February 2, 2014, around 10:30 on February 10, 2014, the Defendant assaulted the victim by taking the hand of the victim, who was the lessor of the Defendant’s house, on the ground that the victim C (the 49 years old), who was the lessor of the household of the city gas center, was able to keep the mail by melting snow B 1st, in order to prevent the milching of mail by melting the snow.

Summary of Evidence

1. Statement of the police statement regarding C;

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

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

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

1. Determination on the assertion of justifiable act under Article 334(1) of the Criminal Procedure Act

1. The essential point of the argument is that the victim interfered with the defendant's behavior to prevent the mail from being milked on the water, and the defendant only had a physical contact with the victim during the counter-performance process.

Therefore, the defendant's act is a legitimate act that does not go against social norms.

2. According to the evidence revealed earlier, at the time of the instant crime, the Defendant was bound by the mail box in order to prevent the sucking of mail by using snow melting melting the mail box. The Defendant attempted to cut off the Defendant’s house with a string so that it can not be seen as the victim, who is the lessor of the Defendant’s house, and then, attempted to cut the Defendant’s house. The Defendant, while taking the victim’s bath, was found to have shack the victim’s left hand while taking the victim’s bath.

According to the above facts, the defendant is only determined to have reached the crime of this case with the intent of attacking the victim, and it does not seem to be an act to prevent the victim from committing an act, which does not go against the social norms.

Therefore, the defendant and defense counsel's above assertion is not accepted.

참조조문

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