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(영문) 서울북부지방법원 2014.07.25 2013고정2779
폭행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 11, 2013, at around 02:15, the Defendant assaulted the victim C, who was locked by the mouth 255-83 prior to the Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, 255-83, by shouldering the victim C, who was locked by the Defendant, when the victim was demoted, the victim was fluenced by making the victim fluencing the part of the victim’s entrance and the part of the clothes.

Summary of Evidence

1. C’s legal statement;

1. Application of C damaged photographic statutes;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. 가납명령 형사소송법 제334조 제1항 변호인의 주장에 대한 판단 변호인은, 피해자가 먼저 강아지에게 유형력을 행사하며 욕설을 하였고, 장신구로 된 장갑을 착용하고 피고인을 뒤�아 오는 등 피고인의 법익에 대한 현재의 부당한 침해를 방위하기 위하여 피해자에 대항하여 유형력을 행사한 것으로, 이러한 피고인의 행위는 정당방위에 해당한다고 주장한다.

In order to establish self-defense under Article 21 of the Criminal Act, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of the legal interest infringed by the act of infringement, the completion of the act of defense, and the type and degree of the legal interest to be infringed by the act

(2) According to the reasoning of the judgment below, the court below held that the defendant's above act was necessary to defend the legal interests of the defendant or socially significant act in order to defend the current infringement of the defendant's legal interests. The defendant's above act is necessary to defend the defendant's unfair infringement of the defendant's legal interests. The defendant's act is a necessary act to defend the defendant's current infringement of the defendant's legal interests.

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