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(영문) 부산지방법원 2016.05.11 2015고정3985
폭행
Text

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

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

Reasons

Punishment of the crime

On July 4, 2015, around 07:00, the Defendant: (a) was a victim E (V, 67 years old) on the front side of the road located in Busan Seo-gu C, Busan Seo-gu; and (b) the Defendant took an examination on the Defendant himself.

On the ground that he did not go to the police station in accordance with the trial cost, he saw the victim's desire to take the victim and assaulted the victim, such as the victim's left arms and booms.

Summary of Evidence

1. Legal statement of witness E;

1. Part of each protocol concerning the suspect interrogation of the police against the accused;

1. Application of statutes on the photograph of the case

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The defendant's assertion against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is alleged to the effect that even if the defendant had made his arms and pressings, this constitutes a legitimate defense or a justifiable act by gathering the victim's own flab, and thus constitutes a legitimate act. However, in light of the circumstances leading up to the crime of this case, the age, gender, etc. of the defendant and the victim as recorded in the record, the defendant's flabing of the victim's arms cannot be deemed to constitute a legitimate defense or excessive defense for defending the victim's infringement, and it cannot be deemed to constitute a justifiable act that does not violate social rules. Thus, the defendant's assertion is rejected.

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