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(영문) 창원지방법원 마산지원 2018.11.30 2018고정261

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

Defendant

A is an acting driver, and C is a customer.

On June 8, 2018, from around 00:50 to around 01:05 on the same day, the Defendant requested a proxy driver from an acting driving company to be represented by the Defendant on the street in front of E in Changwon-si, a member D of Changwon-si, who is a member D of Changwon-si, and the Defendant could not drive this alcohol, and thus, the Defendant was distributed.

The Defendant determined that the victim, who was sitting at the steering of a FSpo zone, was under the influence of alcohol and could not drive a vehicle by provoking the time, and determined that the victim could not drive the vehicle, and that the victim would not drive the vehicle in front of the said E while driving the FSpo zone, and the victim would like to set the vehicle on the front side of the said E, and the victim would like to put the victim at a time when the victim's face side is hit the victim's face at about two weeks of treatment, such as the injury of the face, the impairment of the face, the sprink, the spons, the entrance, the mouth, the mouth, and other various parts open, and the sprink sprink, which do not have any sprink.

Summary of Evidence

1. The legal statement of the witness C;

1. Medical certificates and photographs;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant's act constitutes a legitimate defense or legitimate act, since the victim first assaults the defendant and assaulted the victim's face in the process of defense to escape from this, the defendant's act constitutes a legitimate defense or legitimate act.

However, in light of the situation at the time of the crime, the circumstances of the crime, and the means and method of the crime, etc., the above argument cannot be accepted, since the illegality of the defendant's act as a legitimate defense or a legitimate act cannot be seen as being justified.