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(영문) 부산지방법원 2013.06.20 2013고정731

상해

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around 17:10 on October 4, 2012, the Defendant was at sight on the ground that the Defendant faced the shoulder with the victim E (34 years of age) on the 1st floor of the D building located in Busan Jin-gu, Busan.

In the case of assaulting the victim E, due to the price of the victim's face at several times, the above 5-6th floor of the above building, and the victim E was injured by the number of treatment days due to the loss of the upper part of the front part of the body.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes of suspect boom photographs;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant and his defense counsel asserts that the defendant's act constitutes a self-defense or excessive defense, as it is for the purpose of setting up against the victim's assault.

However, according to the evidence adopted and examined by this court, the crime of this case was committed only in the process of typical fighting, and the act of sacrifies committed during a series of mutual fighting, such as fighting, caused the other party's act of violence, and thus, it cannot be deemed that only one of the acts constitutes self-defense or excessive defense.

Defendant

The assertion of defense counsel and counsel is without merit.