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(영문) 서울중앙지방법원 2017.06.21 2016고정2559
폭력행위등처벌에관한법률위반(공동상해)
Text

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

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

Reasons

Punishment of the crime

around 14:00 on March 19, 2015, the Defendant shared with D and E on the ground that the Victim C interferes with the key replacement of the entrance door in the Seoul Special Metropolitan City, Gwanak-gu B market management office, and D, after pushing the Victim, she was forced to sit up at the office f0cm above 60cm in height, the Defendant was prevented from getting off the Victim’s hand, and E again, she suffered injury, such as subconcing 14 days in need of treatment, by looking at the Victim’s hand on the floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording of C’s statement in the fourth public trial protocol;

1. Each police statement made to F and G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the 112 Report Processing List, and the H District Work Site:

1. Relevant Article 2 (1) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts and Article 2 (1) 1 of the same Act and Article 257 (1) of the Criminal Act (elective of penalty);

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

1. The Defendant’s assertion as to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is alleged to the effect that the Defendant’s act was committed in the course of resolving the illegal occupation situation of the victim’s management office, and constitutes a legitimate defense or legitimate act, but the Defendant was infringed.

In light of the legal interest alleged by the Defendant and the type of legal interest infringed upon by the instant case and the method of infringement, the Defendant’s act was to protect the present unfair infringement, and was an urgent and inevitable means to the extent that it can be permitted in light of social norms.

Therefore, the above argument cannot be accepted.

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