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(영문) 대구지방법원 서부지원 2021.01.05 2020고정159
폭행
Text

1. Defendant B shall be punished by a fine of three hundred thousand won;

2. Where Defendant B does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 15, 2019, around 12:00, Defendant B, on the street in front of the Domna-gu, Daegu-gu, Daegu-gu, requested the victim A (31 aged) to abandon the standard plastic garbage bags containing this garbage in front of the Domna-gu, Daegu-gu, Damna-gu, to report it to the front poles of the apartment complex complex where the victim himself resides, but it was refused to do so. However, Defendant B assaulted by her hand on the ground that he did not refuse it.

2. Defendant A, at the above date, at the above time and place, assaulted the victim B (75 years) with his her flaps, flaps, and flaps, for the same reason.

Summary of Evidence

1. Part of the Defendants’ legal statements

2. Partial statement of the witness B;

3. Some statements concerning the Defendants in the police interrogation protocol

4. Each investigation report (the investigation of the statement by the shot person, the video attachment taken by the suspect A) / (the defendant A alleged that his act constitutes a legitimate act as a legitimate act as a legitimate defense or passive defense, but considering the circumstances and circumstances of this case, the defendant's act goes beyond the passive defensive act, and it is difficult to see that it is reasonable in the means and method, and it was an urgent and inevitable means.

Therefore, the application of the law cannot be seen as a justifiable act that does not violate the current defense of a party or social norms to defend the current unfair infringement.

1. Relevant Article 260 of the Criminal Act and the Defendants’ choice of punishment for the crime: Article 260 (1) of the Criminal Act (Selection of Penalty)

2. Defendant B who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

3. Defendant B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act.

4. Defendant A of the suspended sentence: Article 59(1) of the Criminal Act (a) (a fine of KRW 300,000,000 and KRW 100,000 per day) (a fine of KRW 30,000,000 and KRW 100,000 per day).

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