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(영문) 청주지방법원 2018.12.20 2018고단1263

상해

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 5, 2017, around 20:08, the Defendant attached F to the victim with the victim on the ground that F was slick in front of the D store located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and that F was slick in the taxi while getting a taxi in the victim G (5 years old) with his wife E and son F along with his wife E and son F.

Accordingly, E was damaged by walking the front gate of the above taxi because E was moving F and getting off from the above taxi, and the victim was knife and knife the knife of the knife.

After witnessing the above gate, the Defendant committed an injury to the victim, such as a cage bage, knenee and fele, by assaulting the victim’s body fele and feleele in several times by felling the victim’s felbage, etc., which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. A photograph description;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Determination on the assertion of Article 334(1) of the Criminal Procedure Act

1. When the defendant's spouse E who the claimed victim was aware of her child, the defendant was assaulted by the victim to protect her spouse and children, and the defendant was defending the victim against the present unfair infringement, but the defense is beyond the degree of the defense act.

2. The act of defense as an element for the establishment of a political party’s defense requires a reasonable ground as an act to defend one’s own or another’s infringement of legal interest. The act of defense that does not constitute a defense or an act of defense that goes beyond the limit as an act of defense in light of social norms cannot be deemed as not only a political party’s defense, but also an excessive defense (see Supreme Court Decision 2001Do1089, May 15, 2001, etc.). We can see the evidence duly adopted and examined.