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(영문) 서울중앙지방법원 2013.04.24 2012고정5284

상해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 22, 2012, at around 20:15, the Defendant suffered injury, such as the corrosion and the floor shution of the inside and the floor in need of four weeks of treatment by putting the victim’s left eye on one occasion, on the street in Seocho-gu Seoul Metropolitan Government, on the ground that the victim D is under the influence of alcohol, breading, and cutting down the victim’s neck.

Summary of Evidence

1. Legal statement of witness D;

1. Description of the written diagnosis of injury;

1. Application of image Acts and subordinate statutes of damage contents and photographs;

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

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. With regard to the assertion that there was no intention of injury or injury, the defendant argued that he had the face of the victim by shouldering the victim's face at an investigative agency (see, e.g., the 9th statement, the 18th police interrogation protocol, etc. of the investigative record), but the victim consistently makes a statement from the investigative agency to the effect that the defendant was boomed by booming the defendant from the investigation agency to this court, and the victim suffered bodily injury, such as the breathing of the inside and outside of the floor requiring treatment for about four weeks, and the closing breath of the inside and outside of the floor requiring treatment, not because the defendant was tightly informed of the victim's face, and such injury appears to have occurred, taking into account the fact that the defendant cannot be deemed to have intentionally committed the act of flaging with the victim and the vision, this part of the defendant's assertion is without merit.

2. In full view of various circumstances as to the assertion of self-defense, such as the motive for the instant crime, the means and method of the crime, and the degree of injury, the Defendant’s act cannot be deemed unlawful as a self-defense against the present unfair infringement.