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(영문) 부산지방법원 2015.5.7.선고 2014고정5212 판결
폭행
Cases

2014 Highly 5212 Violence

Defendant

A

Prosecutor

He/she shall hold a trial on his/her behalf, on behalf of others, such as acting on behalf of others.

Defense Counsel

Law Firm B, Attorney C

Imposition of Judgment

May 7, 2015

Text

Defendant shall be punished by a fine of KRW 500,000. Where the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of KRW 100,000 into one day.

Reasons

Criminal History Office

On August 16, 2014, at around 20:0, the Defendant, in front of the Seocho-dong Military Security Center in Busan Metropolitan City, taken a head of a meeting held in the square in Busan Metropolitan City, and used violence, such as attaching a line to which the victim is the main body of the victim moving to the place, demanding the deletion of anti-defluence and video, and attaching a line to the main body of the victim moving to the place.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to video files (7, 78, 80, 81) as a result of reproduction;

1. Article applicable to criminal facts;

Article 260(1) of the Criminal Act; Selection of fines

1. Detention in a workhouse;

Judgment on the assertion of the defendant and defense counsel under Articles 70(1) and 69(2) of the Criminal Act

The defendant and his defense counsel asserts that illegality is excluded because the defendant's act of taking pictures taken by the victim at a close range without permission of the victim's face constitutes self-defense or self-help to prevent the spreading of the video recorded by the victim. Even if the victim refused to take pictures of the victim and deliver the file to the defendant, the defendant's act of cutting down the victim's camera and cutting off the victim's face does not constitute a case where it is impossible or considerably difficult to preserve the claim by legal procedure, or an act that is reasonable to be permitted by social norms, and thus, cannot be dismissed.

It is so decided as per Disposition for the above reasons.

Judges

Judges Kim Gin-jin

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