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(영문) 서울동부지방법원 2015.09.02 2014고정2151

상해

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim C are residents living in Seongdong-gu Seoul Metropolitan Government D Apartment.

On October 17, 2014, the Defendant, at around 09:30 on October 17, 2014, committed an assault to the victim, such as cutting down and pushing down the victim’s trees, while working in the office of the Seongdong-gu Seoul Metropolitan Government D apartment management office as a matter of selecting a heating corporation entrusted management office, and thereby, inflicted an injury upon the victim in need of medical treatment for 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, E, and F;

1. C photographs;

1. A written diagnosis of injury (the sequence 19 of evidence list);

1. Application of Acts and subordinate statutes governing video display;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel, at the time, were assaulted by the victim first, such as the victim's being satisfy, and during that process, the defendant was satisfyed by the victim. In order to prevent the victim's assault, the defendant was satisfyed with the victim's hand, and the defendant was satisfyed with the victim who was frying with bat, and was fatd with the above retail part. The defendant's act does not constitute assault, but constitutes domestic assault.

Even if it comes to self-defense or legitimate act, it is different to the purport that illegality is excluded.

2. According to the video trial ID submitted by the judgment prosecutor as evidence, the defendant flabs of the victim with his left hand, and flabs of the victim with flabs, and the victim flabs of his flabs, and the victim flabs with flabs, while flabing the defendant's flabs, was flabs of the defendant's chest by drinking flabs.

Although the defendant was not seen as having long time to live in the body of the victim on the video screen, the video screen of the victim can be seen as having been installed.