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(영문) 대구지방법원 포항지원 2015.08.26 2015고정221

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

On March 20, 2015, the Defendant: (a) boarded a taxi driven by the Victim D (age 57) on March 20, 2015; (b) parked the taxi at the 280 “Sabababs” parking lot in North-gu, North Korea at the time of the port to make a report on the victim’s and his/her destination; and (c) 1stnb the victim’s neck from the vehicle to the left hand; and (d) inflicted an injury on the victim during the treatment period of two weeks for two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The defendant and his defense counsel asserts that the act of the defendant must be evaluated as self-defense because the defendant's act is not a defensive act, but a attack against the victim. However, according to the CD video, since it is sufficiently recognized that the defendant's act was the exercise of physical force with the intent of attack against the victim, the argument that the defendant's act was self-defense to defend unfair infringement is not acceptable).

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;