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(영문) 부산지방법원 2015.06.10 2015고정151
재물손괴등
Text

1. The defendant shall be punished by a fine of 700,000 won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. Around 19:00 on July 30, 2013, the Defendant damaged and damaged a mobile phone of an amount equivalent to 473,000 won at the market price owned by the victim E, which was placed in the processed office of D food located in Busan-gu Busan-gu, by destroying and damaging the mobile phone of an amount equivalent to 473,00 won at the market price owned by the victim.

2. Around 15:00 on August 3, 2013, the Defendant: (a) committed assault by the Defendant, on the ground that the victim was frighted from the victim E located in Busan Jin-gu F, Busan, on the ground that the victim was frighted to sound the Defendant; (b) placed the victim on the bed to the bed; and (c) sited the victim on the bed to the bed; and (d) frighted him with a single hand, she sated him on one hand; and (c) satd him

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each legal statement of witness E and G;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the substitute part of the E);

1. Application of Acts and subordinate statutes of a new service contract and a service contract certificate;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of fines for the crime;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant committed an assault against the victim in the course of resistance against violence by the victim who lost his/her gender, which constitutes legitimate act, either legitimate self-defense or passive resistance.

2. The victim unilaterally committed an illegal attack in light of the developments and means of the instant case, the relationship between the Defendant and the victim, and the circumstances at the time of the instant case.

The defendant is limited to the extent of passive defense as a means of resistance to protect himself or others from illegal attack and to escape it.

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