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(영문) 광주지방법원 2018.01.23 2017고정1662

상해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 23, 2017, around 15:30 on September 23, 2017, the Defendant tried to talk with “MC coin investors” and to talk with “D” investors on the third floor, Seo-gu, Seo-gu, Gwangju. However, he did not come to talk, and caused the victim’s face part by head when she gets from the victim E (61 years of age), and caused the victim’s injury by taking one time the body of the victim with his left part blue.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of CD-related Acts and subordinate statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Selection of Punishment;

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

1. The Defendant’s argument regarding the Defendant’s argument under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order does not constitute a crime because the instant crime was justified as a legitimate defense.

However, according to each evidence of the judgment, the defendant saw a trial fee to D in advance, and the victim took the defendant from the stairs, and prevented the defendant from taking the defendant toward the stairs without any specific contact with the defendant, and then became aware of the defendant. However, the defendant actively exercised force against the victim, and it can be acknowledged that the defendant inflicted bodily injury upon the victim by price as stated in the facts of the crime in the judgment, and thus, the above argument is rejected.