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(영문) 서울중앙지방법원 2015.11.25 2015고정2912

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 April 10, 2015, around 17:49, the victim C(54) inflicted an injury on the Defendant (such as the spawal coordinate and spawal coordinate in need of medical treatment for 14 days) on the street side in front of the transfer parking lot south-gu, Seoul, and the victim C(54) brought a civil dispute against the company by the Defendant to the Korea Labor Agency. The Defendant was able to live in the Defendant’s chest with his breath hand, and the Defendant was able to walk the Defendant’s chest on two consecutive occasions due to his drinking, and the Defendant was able to walk the Defendant’s mouth on 14 days.

On the other hand, the Defendant: (a) dumped the victim’s arms against the victim; (b) dump the victim’s arms on two occasions; (c) dumped the victim’s left side part of the drinking water; and (d) dump continued to walk the victim’s mouth on several occasions; (b) dump the victim suffered injury, such as the heat, sump, and sump, etc.,

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. A complaint;

1. A written diagnosis of injury (C);

1. Application of photograph (C)-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties.

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

1. In light of the circumstance and situation of the instant injury, method and degree of injury, etc. acknowledged by the evidence of the judgment as to the Defendant and his defense counsel’s assertion of self-defense under Article 334(1) of the Criminal Procedure Act, the Defendant’s act is not merely a passive defense against the victim’s wrongful attack, but also has the nature as an attack. Thus, it cannot be deemed as self-defense.

We cannot accept the above assertion.