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(영문) 제주지방법원 2014.12.11 2014고정989

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 July 8, 2014, at around 18:16, the Defendant: (a) inflicted injury on the victim E (38 years of age) and the victim during the time in which the Defendant was taking care of his her pet dog, such as a closed coke, which requires approximately three weeks of medical treatment on the part of the victim, when the Defendant was taking care of his her pet dog, in relation to the Defendant’s taking care of his pet dog.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol of the accused, F, and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of criminal facts: Article 257 (1) of the Criminal Act;

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

1. The provisional payment order: The defense counsel's defense of the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's act constitutes self-defense.

In order to establish self-defense as stipulated in Article 21 of the Criminal Act, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method, and type and degree of the legal interest infringed by the act of infringement, and the kind and degree of the legal interest to be infringed by the act of defense.

(2) The court below held that the defendant's act of violence was committed by the victim E, and the defendant's wife reported to the victim by the victim, and the victim's wife did not escape. The defendant's act of violence was committed against E, and the victim's body was committed as to E, and the victim's body was used as the victim's body. Accordingly, the victim's body was the victim's body was the victim's body, and the victim's body was the victim's body was the victim's body. Thus, the victim's body was the victim's body back to the victim's body.

The defendant's act is an act of defense against the victim's act of violence beyond the reasonable scope.