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(영문) 서울동부지방법원 2016.05.11 2015고정1422

상해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 03:30 on September 11, 2014, the Defendant suffered injury, such as inside the left side of the victim and the frame of the inner wall, etc., which require approximately four weeks of treatment due to drinking and growth, when he/she was in a satise of the victim D (59) with the victim D (59).

Summary of Evidence

1. Legal statement of the witness D;

1. A photographics of the injury of D or A;

1. According to the diagnosis certificate and a copy of medical record [the medical records related to the person: ① the victim was transferred to a hospital immediately after the occurrence of the instant case; ② the victim complained of the brue, the brue sium, the left luminous part due to the assault in the emergency room; ② the victim was attached to the left brue on September 16, 2014; ② the victim was attached to the left brue on the left brue of the first medical report; the victim was attached to the brue, the brue, the brue, the pressure was confirmed; ③ the brue between the victim's act and the victim's injury did not have any evidence to prove the brue of the brue and the wall inside the left brue under the part CT; ③ the victim did not suffer any injury or shock before the diagnosis date after this case.

Whether the defendant's above act constitutes a legitimate defense or a legitimate act, or an excessive defense: the application of the law to the extent that the defendant's above act does not constitute a legitimate defense or a legitimate act, and such excessive defense does not constitute excessive defense, in light of the circumstances acknowledged by the above evidence, the contents and methods of the crime of this case, the degree of injury, etc.

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 concerning the order of provisional payment;