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(영문) 대구지방법원 2019.01.10 2018고정628

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 March 31, 2018, around 22:50, the Defendant revoked the food delivery order in front of the Daegu Northern-gu B apartment C, Daegu Northern-gu B apartment C, and led to the sound of the Defendant. However, upon receiving a request from the victim D (the age of 42), the Defendant sent a part of the victim’s neck one time with the victim’s hand.

As a result, the Defendant inflicted bodily injury on the victim, such as dump, tension, etc. of the bones that requires medical treatment for about two weeks.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 (1) 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 [Article 334(1) of the Criminal Procedure Act provides that the act of the defendant is to protect the defendant first, because the defendant's act intends to protect the defendant on the ground of the kickboard, and thus it constitutes self-defense. According to the above evidence, the victim merely puts the kickboard at the face of the defendant to oppose the kickboard, and did not attempt to display the above kwikset or see the above kwikset with the defendant. Nevertheless, the defendant's act is to punish the victim's kwikset, thereby causing an injury. Thus, it is reasonable to view that the above act of the defendant was derived from the victim's intent to attack the victim rather than to defend the victim's unfair attack. The above argument is not accepted. The defendant's crime of this case, as seen earlier in the sentencing of sentencing, did not appear to have been acknowledged first of all, if the defendant alleged to have committed the crime of this case.

In addition, the defendant is the victim.