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(영문) 춘천지방법원 영월지원 2014.01.03 2013고단457

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2013, around 09:05, the Defendant: (a) was able to kill the victim F (the age of 36) with the victim F (the age of 36) who did not have a good reputation before the 1st floor of Thai-si, Thai-si, the Defendant: (b) was able to kill the victim by her hand; (c) was towed by her blag; (d) was towed by her blag; and (e) was towed by her blag; and (e) was led by the victim for approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The statement of each police officer made to F and G;

1. A medical certificate;

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Determination as to the assertion by the defendant and defense counsel under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1,

1. The defendant asserted that he was the victim's kick belt, but this is aimed at fighting between the victim and the female employees of the company to which the defendant belongs. Thus, the defendant's act constitutes a justifiable act as stipulated in Chapter 20 of the Criminal Code.

2. In light of the judgment, the defendant's above act cannot be deemed reasonable in the means and method, and there were special circumstances where the defendant should perform the above act.

Since there is no other means or methods by the defendant, the above act by the defendant cannot be viewed as a justifiable act under Article 20 of the Criminal Act.

Therefore, the defendant and defense counsel's above assertion is not accepted.