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(영문) 서울북부지방법원 2017.04.13 2016고정2172

상해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works as a company member.

The Defendant: (a) around 07:45 May 19, 2016, parked outside the parking zone of 110-dong Seoul Jung-gu Seoul Metropolitan Government apartment 110-dong, and (b) the Defendant could not be subtracted from this vehicle; (c) the Defendant called to the Defendant and asked the Defendant to cut off the vehicle; and (d) the Defendant went to the parking lot on the ground that the Defendant would be bad for the victim to have been parked; (d) whether there is a problem of having been designated to move to the Defendant for a parking lot;

1. The term "Wooh" means "Wooh, in the way of mind, on board a bus or in the match," and the victim tried to go out of the place, the victim took clothes to the defendant and deducted him from the place.

“To the extent that the victim was seeed, i.e., g., unfolding the clothes;

The defendant's clothes were taken by verbal abuse "Man," and the victim's hand was flicked by drinking so that approximately two weeks of treatment period was needed for the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damage;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The defense counsel regarding the defense of a political party or the assertion of a justifiable act under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order does not constitute a crime because the defendant's criminal act of this case is justified as a legitimate defense or a justifiable act.

The argument is asserted.

However, according to the evidence of the judgment, it was the opportunity for the victim to be unable to work because the defendant did not use his own vehicle parked in front of the victim's vehicle, and in the above circumstances, the victim demanded the victim to wear the clothes of the defendant to leave the scene and to cut off the vehicle, and the defendant has a hole for the victim to get off his hand without going further due to active attack against the defendant.