logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.09.28 2017고정1087
폭행등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around July 2015, the Defendant assaulted the victim on his hand on the ground that he sent the victim’s knife and son’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

2. On March 27, 2017, the Defendant: (a) 20:00, and around 20:0, on the ground that the victim was fluored in the same place as the foregoing paragraph 1, and the fluorged fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s bru

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. A written diagnosis of injury;

1. The defendant and his defense counsel asserted that the crime of this case was committed at the Hodon level of Mack, and thus the illegality is excluded. Thus, in order to recognize a justifiable act, the defendant and his defense counsel must meet the following requirements: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2010Do13609, Jun. 13, 2013). Since the crime of this case led to the crime of this case, the balance between the purpose of the affected land and the benefit of the victim by causing considerable injury to the victim; and (iii) it cannot be deemed that the requirements of urgency or supplement are satisfied by the method chosen by the defendant; and therefore, it cannot be evaluated as a justifiable act of the defendant.

Therefore, the defendant and his defense counsel's assertion is without merit.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 257(1) of the Criminal Act (the point of harm), and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

arrow