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(영문) 의정부지방법원 고양지원 2016.10.14 2016고정650
폭행
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 25, 2015, around 19:40 on 19:40, the Defendant assaulted the victim at once by drinking the head of the victim, on the ground that the victim D(the age of 14) was able to take a bath to the Defendant before the victim D(the age of 14) and had a stone.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of E and D;

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

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

1. 가납명령 형사소송법 제334조 제1항 피고인과 변호인의 주장에 관한 판단 피고인과 변호인은 피해자가 평소 비행을 일삼고 피고인에게 욕설을 하자 이를 훈계하기 위하여 꿀밤을 한 대 때린 것에 불과하므로 정당행위로서 위법성이 조각된다고 주장한다.

However, the provision that Article 20 of the Criminal Act does not punish acts contrary to the social rules provides that the concept of social rules shall be the basis for determining the most basic illegality. According to such provision, even if the act appears to meet the requirements for the composition of a crime in light of the language and text of the law, its illegality shall not be immediately dismissed and punished only when it appears that the act is within the scope of historical social order created as a form of normal living, even if it falls under the requirements for the composition of a crime. This provision does not violate the social rules only if it is deemed that the act subject to punishment is not unlawful as a result of social development and that the punishment is against social justice, or if it is possible to evaluate that the act was conducted as a means of social reasonableness in light of the purpose and value of free democracy society, it does not violate the social rules.

In order to recognize such a legitimate act, the first one is that.

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