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(영문) 대구지방법원 상주지원 2015.11.03 2015고정140

상해

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On May 16, 2015, the Defendant: (a) 22:15 on the ground that the victim D(the age of 47) asked her to “Is to fright to the other's house gate”; (b) her flick, her flick, her flick, and her flicked the victim’s flick, and her flick, her flick, and her flicked the victim’s flick, thereby causing injury to the victim, such as flick flick, flick, etc., which requires treatment for about 14 days.

Summary of Evidence

1. Legal statement of witness D;

1. A witness E's legal statement (a statement that does not seem any longer after reporting that the defendant and the victim each other and entering the office);

1. Legal statement of the witness F (a statement that the defendant was spabling with the victim and spabling, and left in secret);

1. Application of Acts and subordinate statutes, such as a medical certificate of injury (in compliance with the volume and degree of injury on the market),

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged that he was sealed by the victim’s chest and neck in order to remove the breath from the victim, and thus constitutes self-defense or legitimate act.

2. According to the above evidence, it is reasonable to view that the defendant committed the act of not taking the victim as stated in the facts constituting an offence as stated in the judgment, and it is difficult to view the defendant's act within the scope of passive resistance. Thus, it does not constitute self-defense or legitimate act.

Therefore, the defendant's assertion is not accepted.

The reason for sentencing is that the defendant has been sentenced to a fine due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2012, and the defendant's age, character and conduct and environment, motive, means and result of the crime, and circumstances after the crime are shown in the arguments of this case.