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(영문) 제주지방법원 2012.11.29 2012고정609

상해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 11:00 on February 13, 2012, the Defendant: (a) expressed the victim’s face by hand at the port of loading and unloading freight in the C, the victim C ( South and North and 72 years of age) who used a car to take a bath that the Defendant would run cement loading and unloading operation, and (b) expressed the victim’s desire that “the Defendant would run cement loading and unloading operation,” and (c) the victim’s face at one time in his hand; (d) the victim’s flapsing the flab; (e) the victim’s flabing of flab; and (e) the victim’s flab by continuously destroying the victim’s left-hand shoulder, which requires treatment for about two weeks; (e) the victim’s flabing, flading and tensions on the left-hand side of the victim, the flabing and flabing of the left-hand snow, the flabing and flabing of the f.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C and each legal statement of witness D and E;

1. Statement to C by the police;

1. Part of each police statement made to D and E;

1. Application of Acts and subordinate statutes on a medical certificate of injury and a photograph of each damaged part;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. The defendant and his defense counsel asserted on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order, and the defendant asserted to the effect that the defendant only spreaded the victim passively to escape from the victim's assault, which constitutes self-defense or legitimate act.

However, in light of the motive and circumstance leading up to fighting by the Defendants and the victims, the process of fighting, and the result of fighting, etc., the above assertion is rejected, since the act of the Defendant cannot be deemed as self-defense or legitimate act.