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(영문) 서울중앙지방법원 2014.10.20 2014고정3955

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 14:00 on April 4, 2014, the Defendant: (a) 14:00, on the ground that: (b) the Victim D (Nam, 49 years of age) did not live, or (c) took the part, of his driving on the third floor in Seoul, on the ground that the victim’s face was taken several times for drinking, and (b) the Defendant sustained the victim’s face on several occasions with a hacker, where the victim’s face cannot be identified, and (c) caused the Defendant’s serious injury that the hack side of the hacker, where the victim’s face cannot be identified.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement (D, E);

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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. Determination on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. 주장 요지 공소사실 기재 피해자가 먼저 계단에서 욕을 하면서 피고인을 발로 찼고, 그에 피고인이 넘어지면서 허리를 다치고, 틀니가 빠지는 등 피해를 입었다.

In the process of setting up against this, the Defendant committed an act of entering the facts charged against the victim as stated in the facts charged, which constitutes self-defense.

2. According to the records, on June 12, 2014, the Defendant was diagnosed by the National Institute of Medical Services and Medical Doctors for approximately 14 days from the National Institute of Medical Service and the Medical Doctor F, and on June 17, 2014, the Defendant received an estimate on the manufacturing cost of the Manobs from the National Institute of Medical Doctors G.

그러나 이 법원이 적법하게 채택하여 조사한 증거에 의하여 알 수 있는 다음 사정에 의하면, 피고인이 주장하는 ‘피해자가 먼저 계단에서 욕을 하면서 피고인을 발로 찼다’는 사실, 즉 피해자의 위법한 가해행위 자체를 인정할 수 없으므로, 피고인과 변호인의 정당방위 주장은 받아들이지 아니한다.

① The Defendant is subject to each diagnosis as above.