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(영문) 서울남부지방법원 2017.04.26 2016고정2069

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 June 3, 2016, around 23:35, 2016, the Defendant was unable to operate a riding machine installed inside and inside the instant letter or the horse riding machine, which the Defendant was a guest to “E Bana operated by the Defendant” in front of the latter part of the building of Yangcheon-gu Seoul Metropolitan Government D.

The victim's face and body were taken back by drinking on the ground that he or she takes a bath while demanding refund and frighting a happiness, and the victim was able to take care of about 21 days for the victim's face and body.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act argued that the defendant's act of selling the defendant's chest with his hair and face was only a passive defense means to prevent the defendant's act of selling the defendant's chest with his hair and face, and there was no fact of drinking the victim's face and neck, and these acts constitute legitimate act or legitimate defense and thus the illegality of the defendant's act is avoided. However, according to each evidence of the judgment below, it is difficult to view that the defendant's act constitutes legitimate act or legitimate defense, in full view of the circumstances leading to the crime and the situation at the time of the crime.

Therefore, this part of the argument is without merit.