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(영문) 대전지방법원 홍성지원 2017.09.14 2017고정208

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 December 10, 2016, at around 00:0, the Defendant: (a) assaulted the victim D's friend E in front of the flag point in Hongsung-gun Hong-gun, Hongsung-gun; (b) inflicted an injury on the victim's face, such as the injury of the victim's friende in front of E and the injury of the victim's friende, the injury was caused by the victim's friende of the victim's friende in front of E, and the injury was caused by the victim's friende of the victim's face by his friende, and the injury was caused by the victim's friende of the victim's face by his friende of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to D, E, F, and G;

1. Each internal investigation report, and each investigation report asserts that the defendant is a legitimate defense because the victim was merely a civilian with bather bats.

According to the records, E is recognized to have flat the Defendant’s flat in the process of hearing the Defendant’s flat, but considering the statements and evidence of the victim and witness, the assault committed by the Defendant to the victim is derived from aggressive intent, and the degree of assault (the Defendant’s flat within the victim’s flatation by using violence) does not constitute a legitimate defense because it goes beyond the balance of legal interests and does not constitute a legitimate defense.

Defendant may be convicted of committing an injury.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.