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(영문) 수원지방법원 평택지원 2014.05.09 2013고정843

상해

Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 25, 2013, at around 11:45, the Defendant assaulted the victim by cutting flaps of the victim F, in the order of the test work performed by the Defendant at the site E of the D Business Department in Pyeongtaek-si, and the pipeline installation work performed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Application of the Acts and subordinate statutes on witness F's legal statement;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The Defendant and his defense counsel on the assertion of self-defense or legitimate act under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order.

This argues that since the victim first dumpeded, it is merely a self-defense or a legitimate act because it was merely an act to escape it.

In light of the background of the instant case and the circumstances at the time of the instant case, etc. acknowledged by the evidence as indicated in the holding, the Defendant and the victim may recognize the fact that the Defendant and the victim performed fighting with flapsing one another while in dispute due to work problems. In such a case of fighting, the harmful act cannot be deemed as self-defense because it has the nature of the act of attack at the same time as the act of defense, and it does not seem that there was no other way to avoid the victim's assault, in light of the fact that the Defendant's act is reasonable to the extent that it can be permitted under

Therefore, the defendant and defense counsel are not accepted.