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(영문) 서울동부지방법원 2015.12.11 2014고단2287

상해

Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A around 23:00 on May 28, 2014, around 23:00, the victim B (the age of 32) who was the president of the party president in Songpa-gu Seoul, and the party-end problem before the “F party president” in Songpa-gu, Songpa-gu, Seoul, brought about the victim’s knee and knee in the right-free knee, which requires approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of witness B and G;

1. Application of Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The part not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant B) of the provisional payment order;

1. The summary of the facts charged is that Defendant B, at the time and place of the above facts charged, brought about a dispute between the victim A (the age of 47) and the party room, brought about the victim's hand, spawned the victim's hand with the left hand, and got the victim in excess of the victim's hand, thereby making the victim go beyond the victim's hand, thereby making the victim be in need of about four weeks medical treatment.

2. Determination

A. The Defendant and his defense counsel asserted that although the Defendant’s assertion of the victim’s grandchildren are true, the Defendant did not have the victim go beyond the victim’s losses by hand, and that the Defendant’s breathing of the victim’s grandchildren constitutes self-defense as an act to escape from the hidden situation by clearly dividing the Defendant’s timber.

B. The following circumstances acknowledged by the evidence duly examined and adopted by this Court, and ① The victim stated in the investigative agency and this court that the defendant was placed in the position of the defendant at the time of the victim's head at the time of the victim's head. However, the victim stated that the victim was left in the position of the victim by leading the victim who was far away from one another and was pushed in the body of the victim, and that the victim's statement was omitted due to the victim's head.