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(영문) 인천지방법원 2014.03.21 2014고정40

상해

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 20:30 on October 17, 2013, the Defendant brought a dispute with his wife and the victim C (her wife, 71 years of age) who is a son in the process of civil action in front of the Incheon Southern-dong District Court 415 located in the Nam-dong Incheon District Court of Law No. 415 on October 17, 201, followed the victim's left hand hand over two times with drinking, and led the victim to the left hand hand over that need to be treated for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. In light of all circumstances, such as the background, means, method, degree of damage, etc. of the instant crime, which was acknowledged by the evidence prior to the reasoning of the judgment of conviction under Article 334(1) of the Criminal Procedure Act, the Defendant may be acknowledged to have actively committed an assault against the victim rather than an passive defensive act. Therefore, it is difficult to constitute self-defense.