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(영문) 서울서부지방법원 2017.09.01 2017고정389
폭행
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

On October 17, 2016, at around 14:30 on October 17, 2016, the Defendant, at the internal clinic of “A Dental” operated by the Defendant in Yongsan-gu, Yongsan-gu, Seoul, accused the victim D ( South, 27 years old) who was dissatisfied with the Defendant’s medical examination and treatment and tried to go out of the dental area, and assaulted the victim by breaking the victim’s breath with his spathical hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of CCTV image Acts and subordinate statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

3. The defense counsel on the argument of the defendant, etc. under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order does not constitute a crime since the defendant's crime of this case is justified as a legitimate defense or legitimate act.

However, according to each of the above evidence, the defendant can find the fact that he was satising the victim's fat at the time, and such act cannot be deemed as a legitimate defense or a legitimate act. At the time, the victim was satising with a somewhat narrow attitude of dissatisfaction.

Even if it is not different, the above argument is rejected.

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