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(영문) 수원지방법원 안양지원 2014.12.18 2014고정980
폭행
Text

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

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

Reasons

Punishment of the crime

On June 3, 2014, around 11:00, the Defendant, while talking about the real estate consulting that had been received before towing from the victim D while talking about the real estate consulting that had been done by the victim D during the Ansan-si period, and assaulted the victim by balping the balth of the victim several times.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

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. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the defendant's act is justified as a legitimate act, since the defendant have passive resistance against the victim's assaulting the defendant.

On the other hand, it is necessary to determine whether a certain act is justified as an act that does not contravene the social norms, and the illegality is excluded, based on specific circumstances, by comprehensively and reasonably examining the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected interests and the infringed interests, the fourth urgency, and the supplement of the absence of any other means or method other than the act.

(2) In light of the nature and degree of tangible power exercised by the Defendant against the victim, the Defendant’s act cannot be deemed as meeting the requirements of justifiable acts, such as reasonableness of means or methods, balance of legal interests and supplement, and thus, the Defendant and the defense counsel’s assertion cannot be accepted.

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