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(영문) 창원지방법원 2015.11.11 2015고단545

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has arranged a loan to entertainment drinking houses, and the victim D, and the victim E is a person who operates G main points in Jin-si, Jin-si, Jin-si, Jin-si.

On July 3, 2014, at the main point of the above G on July 21, 2014, the Defendant expressed his desire to “scams” as a result of H’s volunteer fee, which was employed at the main points of the victims before lock and as a result of the mediation of the Defendant.

Accordingly, from the victim E, the victim E was scamed with the words "I am scambling with the desire of it," and the victim E was scamed one time by hand, scambling the victim E's scam, scambling the victim D with one hand, scambling the victim D's scam with the victim's bridge, scambling the victim's scam, scaming the victim's scam, scambling the above victim's scam with the victim's arms, scambling the two-day therapy pressures requiring approximately 12 weeks medical treatment, and scambling the victim E on the left side of the complete part requiring approximately 2 weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Partial statement of the witness H in the court;

1. A report on investigation (a report accompanied by a letter of opinion);

1. The application of Acts and subordinate statutes on the records of 1 or 2 suspect-victim photographs, copies of each injury diagnosis report, and transitional records;

1. Article 257 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Determination as to the assertion of the accused and the defense counsel under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Dismissal of Application for Compensation Order and the Promotion, etc. of Litigation

1. The main point of the argument is that the victim first assaults and the defendant inflicted an injury on the victims during the process of setting up against the victim, and the defendant's act is excessive defense.

2. In order to establish an excessive defense, the perpetrator's act is unfair for the victim.