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(영문) 창원지방법원 마산지원 2016.09.20 2016고정342

상해

Text

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

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

Reasons

Punishment of the crime

On December 24, 2015, the Defendant, at the 3rd E office of the D veterinary hospital located in the Changwon-si, Changwon-si, Masan-si, Seoul, had the victim F and the housing redevelopment-related dispute, and had the Defendant fighting.

In the course of fighting, the Defendant: (a) sold the victim’s chest to knee in multiple times; (b) taken a frying process; (c) milling the fingers; and (d) committed assault to the victim, which requires treatment for about five weeks; (b) brought about the victim with the knee in the fry; and (c) brought about the victim’s flasium, flasium, flasium, and

Summary of Evidence

1. Legal statement of witness F;

1. A medical records;

1. A criminal investigation report (to make telephone conversations with the Director of the G Hospital, and to make a criminal investigation report (CCTV verification report);

1. Application of the Acts and subordinate statutes on CDs and respective pictures;

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

1. The alleged defendant's act of selling the victim's breasts at a single price with knee and taking out the victim's fingers and milling the victim's fingers did not cause injury to the victim because he did not commit such act.

Although the defendant fighting with a dubbage of the victim and fighting, it is a legitimate defense or a legitimate act to prevent the attack of the victim.

2. Determination

A. The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court of this case as to the assertion that the victim did not inflict an injury, i.e., the victim sustained injury from the defendant in line with the criminal facts stated in the investigation agency and this court.

(2) According to the CD’s image, the Defendant’s knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne