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(영문) 수원지방법원 안양지원 2016.09.22 2016고정353

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

around 15:00 on January 29, 2016, the Defendant: (a) took a dispute with the victim D (Woo, 52 years of age) and the transaction of boom trees, and (b) took part in the dispute with the victim’s left part, (c) took part in the head knife with the head knife, and (d) took part in the victim’s knife knife and knife the face with approximately 14 days of knife with the face.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Some of the statements made by the police in relation to E;

1. An injury diagnosis certificate (D);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

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

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant and his defense counsel asserted that the defendant's act constitutes a legitimate defense, since the defendant's losses are broken down by the defendant's fingers and thereby the defendant's losses come into contact with the victim's face.

However, in light of the background, motive, means, method, degree of damage, etc. of the instant crime, which can be seen by the above evidence, the Defendant’s act cannot be deemed as legitimate defense, and thus, the above assertion by the Defendant and the defense counsel cannot be accepted.