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(영문) 의정부지방법원 2017.11.14 2017고정1442

상해

Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On April 28, 2015, the Defendant: (a) in D’s operation of the Defendant located in Chungcheongnam-si, Namyang-si; (b) around 16:00 on April 28, 2015, the Victim E ( South, 54 years old); (c) “I do not accept the vehicle repair within the due date.”

For the reason that he saw the victim’s breath, he saw the breath’s breath, thereby causing injury to the victim, which requires approximately two weeks of medical treatment. In addition, he saw the breath of the part of the other and the spath’s breath’s breath and tension.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury and photographs of the upper part;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. In light of various circumstances, such as the motive and background leading up to the crime acknowledged by the evidence duly adopted by the court, the means and method of the crime, the defendant's act before and after the crime, and the degree of injury to the victim, the judgment on the defendant's legitimate defense of the defendant under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is not to defend the victim's unfair attack, but to defend the victim's unfair attack, it seems that the defendant's act is a punishment for the reason of the vehicle repair, and thus, the attack was first committed and the attack was caused. Thus, it cannot be viewed as a legitimate defense by taking the character of the attack at the same time as the defensive act.