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(영문) 제주지방법원 2012.04.17 2011고정925
폭행등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 12, 201, the Defendant: (a) around 18:40 on Jeju-si, C Apartment 107, and (b) on April 12, 201, the Defendant: (c) in the elevator, the victim D (the age of 62) and the Defendant was suffering from bad appraisal of the victim; and (d) entered the elevator according to the elevator, and (e) the victim met the elevator, and (e) the victim was flicked with the mother who was using the victim by extending to the hand.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of photographs);

1. Article 260 (1) of the Criminal Act applicable to the crimes. Article 260 (1) of the same Act

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

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserted that the victim did not work as an injury to the Defendant due to the injury of the Defendant in the civil procedure brought against the Defendant. The Defendant asserted that the CCTV of the elevator was exempted from the victim’s face in order to clarify the victim’s false assertion. As such, the Defendant asserted that the CCTV of the elevator was exempted from the victim’s face. Thus, it does not violate the social rules, and that it is not unlawful.

First of all, in the crime of violence, violence refers to the exercise of tangible force against a person's body, and the defendant's act of exceeding his/her mother in the victim's head by extending out his/her hand constitutes violence.

Furthermore, “act that does not contravene social norms” under Article 20 of the Criminal Act refers to an act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it (see, e.g., Supreme Court Decision 2007Do6243, Dec. 24, 2009).

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