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(영문) 광주지방법원 목포지원 2013.07.04 2013고정175

상해

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 5, 2012, around 18:20 on October 5, 2012, the Defendant: (a) around the 18:20th of the Victim D, the Defendant was aware of the husband relationship between the Victim E and the Defendant, who is his father, and was in sight of the Victim E (the age of 49). The Defendant, by hand, was sprinked with the Defendant’s spatfebling of the body of the Victim D (the age of 68) with his hand, and was spatd with the victims E and the victim D with their body, and went over together with the victims E and the victim D with approximately two weeks’ spatherelines, tensions, etc.

Summary of Evidence

The application of Acts and subordinate statutes to the police interrogation protocol of the defendant, each police interrogation protocol of the E/D, each injury diagnosis statement, investigation report (F main inquiry) (In light of the testimony of the victim E at the time of the instant case, the attitude of the defendant's act, the place where the instant case occurred, the surrounding circumstances, etc., it is difficult to deem that the Defendant's act constitutes self-defense or legitimate act).

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts. Article 257 (1) of the same Act

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

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

4. The amount of fine shall be determined by taking into account the following factors: (a) there are circumstances to consider the motive of the crime for sentencing under Article 334(1) of the Criminal Procedure Act; and (b) the fact that the two victims and the body fighting of the defendant alone are more than the defendants.