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(영문) 수원지방법원 2016.09.29 2016고정2015

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 April 13, 2016, around 20:45, the Defendant brought an injury to the victim C (40 e.g., husband) and the Defendant on the ground that he/she recorded the apartment unit B in Suwon-gu, Suwon-si, Suwon-si, 214-101, and the Defendant recorded the cell phone. On the ground that he/she was assaulted by the victim, he/she faced the victim's right hand hand hand hand hand hand hand hand over, and caused an injury to the victim, such as an open hand hand hand hand over, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared in C;

1. A damaged photograph;

1. A medical certificate (C) stating that the Defendant’s act constitutes a legitimate defense by acting defensively against the victim in the course of assaulting against the victim. However, it is difficult to view that the Defendant’s act constitutes a legitimate defense when considering the situation, circumstances, the background of the crime, the attitude of the Defendant’s act, the degree of damage resulting therefrom, etc., acknowledged by the evidence above.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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