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(영문) 서울남부지방법원 2014.11.14 2014고정1877

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

On April 11, 2014, the defendant around 17:10, at the main apartment playground located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu, Gangseo-gu 68-ro, attached the victim C (year 62 years of age) and Si expenses, and caused a trace of the victim's bucks and handbucks of the victim, and caused a buckbuck and handout to the left side, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. C’s legal statement;

1. A medical certificate of injury, and a damaged photograph;

1. A report on investigation (the CCTV at the scene of occurrence and witness D, or a counter investigation);

1. Application of the CCTV video CD-related Acts and subordinate statutes to the site;

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. The defendant's defense counsel on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the illegality as self-defense should be excluded since the defendant's defense at the time of the instant case only committed an act of assaulting the defendant first, and the defendant committed an act of smuggling to the extent that the defendant resisted the defendant.

In light of the part of the victim's injury and its degree, it is reasonable to view that the defendant's act was committed with the intent of attacking against the victim's attack rather than with the intent of defending the victim's unfair attack. Since the defendant's act is a defense act at the same time, it cannot be viewed as self-defense. Thus, the defendant's act cannot be viewed as self-defense.