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(영문) 의정부지방법원 고양지원 2016.05.20 2016고정169

상해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 16, 2015, the Defendant visited the victim D at the request of the Defendant for repair of the computer trouble at the home of the Defendant at around 502,604, the Defendant: (a) conducted a computer inspection; and (b) took measures to ensure that the defect of simple contact is caused; and (c) claimed expenses of KRW 22,00 for travel expenses and inspection expenses; (b) however, the Defendant claimed expenses of KRW 11,00,000 for the withdrawal equipment that the cost is excessive.

The rejection has become a starting point.

Defendant 1, while paying the trial cost as above, returned to the original state of the breakdown due to the failure of the injured party to receive the cost.

In this regard, the right hand of the victim was caused by a sudden breakdown that intends to spread a computer, and the victim's left hand was injured by the salted part and tension of other hand that require medical treatment for two weeks at a time.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The defendant and his defense counsel asserts that the defendant's act constitutes a legitimate defense with a view to preventing an excessive demand of the victim for repair costs and an unlawful infringement of the victim's right to use a computer again, which led to the failure of the computer.

To recognize an act as a legitimate defense, it must be reasonable and reasonable to protect the present unfair infringement of one’s own or another’s legal interest. The act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, the completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense, etc. (see Supreme Court Decision 2005Do3940, 2005Do15, Sept. 30, 2005, etc.). Such an injured person is a person.