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(영문) 청주지방법원 충주지원 2015.08.12 2015고정34

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On August 2, 2014, the defendant and the victim B met with a high-class private village, and around August 21, 2014, they met with a relative group in front of the Chungcheong City C.

The Defendant inflicted an injury on the victim, such as salted cream, tension, etc. in the 14-day therapy by having the victim knife with her son’s hand, breab and breath, and by having the victim do so.

Summary of Evidence

1. Each police interrogation protocol on the accused and B;

1. A medical certificate of injury and a written confirmation of medical treatment;

1. Application of the Acts and subordinate statutes of tear teared photograph;

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. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the defendant's summary of the argument is that since the victim only left the clothes of the defendant who saw the defendant's title, it constitutes self-defense and thus the illegality is excluded.

2. The determination is based on the following: (a) the Defendant’s act does not constitute self-defense, but in order to establish self-defense under Article 21 of the Criminal Act, the Defendant’s act ought to be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interests to be infringed by the act of infringement, as well as the type of legal interests to be infringed by the act of defense (see, e.g., Supreme Court Decision 2010Do13979, Apr. 14, 201). In light of the developments leading up to the occurrence of the instant case; (b) the relationship between the Defendant and the victim; (c) the victim’s age; and (d) the part and degree of the injured person’s injury, etc.,