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(영문) 대구지방법원 2017.11.02 2017고정1153
폭행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 28, 2017, at around 16:50, the Defendant assaulted the victim’s chest part on his hand, on the ground that the victim C(53) who is a Daegu viewing public official due to urban gas-related civil petition supplied in the Defendant’s residence, the victim E(45) of the team leader E(45) who is an urban gas supplier, and the victim’s attempt to talk about the F in charge of Daegu viewing, on the ground that the victims were prevented.

Summary of Evidence

1. Application of the respective legal statements Acts and subordinate statutes to witnesses E and C;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment for a crime (elective of a punishment);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is asserted to the purport that since the defendant, who had tried to meet the "F properly in charge of Daegu viewing", committed the crime of this case in the course of seeking an interview by the victims due to the island, this constitutes a legitimate act, and thus, it does not constitute a crime by excluding illegality.

The term "act that does not violate the social norms" under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the legal interests and the legal interests of the law and the interests of the law of the law, urgency, and supplementary nature that there is no other means or method than the act (see Supreme Court Decision 2004Do8530, Feb. 25, 2005, etc.). The reason that the defendant attempts to deceive the F in charge of Daegu viewing on the ground that the victims are prevented.

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