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(영문) 춘천지방법원 2014.06.19 2013고정649

상해등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

At around 21:35 on June 24, 2013, the Defendant: (a) brought an injury to the victim’s head, knife, and knife the victim’s head, knife the victim’s head, and knife the victim’s knife the victim’s knife with the victim’s knife with the victim’s knife, while disputing the victim’s ‘D’ in relation to E and ket business in Hongcheon-gun, Hongcheon-gun.

Summary of Evidence

1. Legal statement of witness E;

1. Each police interrogation protocol against the accused;

1. Determination on the assertion of the Defendant and the defense counsel

1. The Defendant’s act constitutes self-defense, since the victim first assaults the Defendant, and the Defendant exercised the force of force to the victim passively resisting the Defendant.

2. In full view of the statements made by the Defendant and the victim in the situation at the time of the instant case, the victim stated that the investigative agency had consistently followed their hair and fighting between the Defendant and the victim, and the Defendant also defended the victim by the police with both hands, with the intent of the Defendant’s hair. However, the Defendant’s act cannot be deemed as exercising a tangible power only within the limit of passive defense as a means of resistance to protect the victim’s illegal attack and escape therefrom, and it cannot be deemed as having exercised a attack at the same time as an act of attack, since the Defendant was satisfeed by one’s first attack and satisfe the victim’s hair.

Application of Statutes

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