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(영문) 서울서부지방법원 2017.11.24 2017고정952

상해

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around 23:00 on October 10, 2016, the Defendant assaulted the victim C in front of Mapo-gu Seoul, Seoul, such as drinking the face of the Defendant. On the contrary, the Defendant took up one-time face of the victim with his/her finger in drinking. On the other hand, the Defendant 3 and 4 of the left-hand side in need of two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The defendant asserts that the defendant's act constitutes a legitimate defense or a legitimate act, when the injured person assaults the defendant's body by inserting his/her hand in the drafting of the defendant, cutting his/her knife his/her knife his/her knife, provoking his/her knife, pushing his/her knife his/her knife, etc.

However, considering the above evidence, considering the contents of the defendant's act of injury, and the situation at the time of the crime, it is difficult to view that the defendant's act constitutes a legitimate defense or legitimate act.

We cannot accept the above argument.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act concerning the facts of crime, the choice of punishment, 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;