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(영문) 수원지방법원 성남지원 2013.11.22 2013고정1519

상해

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On March 23, 2013, from around 16:30 to March 16:30, 2013 to around 30, 2013, the Defendant, at the victim D’s residence located in Seongbuk-gu, Sungnam-si, Sungnam-si, in dispute with the victim who misleads the male and female her wife and the defendant that he was living in her friendship, was shaking the victim’s head head debt, was skeing the victim’s face and body with his hand, and caused the victim’s injury, such as two parts, which require approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against D or accused;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

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

1. The defendant asserts that the defendant's act constitutes self-defense, since the defendant's act was committed in this case to defend the body of the defendant from D's assault, the defendant's act constitutes self-defense.

In light of the above evidence, it is reasonable to view that the defendant did not aim at defending the defendant's body from D's assault, but at defending D's body, the defendant committed an injury against D with the intent of attacking D prior to the attacking and opposing D. Thus, the defendant's act does not constitute self-defense.

Therefore, the defendant's assertion is not accepted.