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(영문) 서울중앙지방법원 2013.08.22 2013고정2137

상해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:00 on September 3, 2012, the Defendant: (a) opened an electric distribution board installed in a subdivision at the second floor in Seongbuk-gu Seoul Metropolitan Government, and attempted to put the electric location into the second floor; (b) was at the victim D, the Defendant left the back part of the victim’s title by arms; and (c) went beyond the floor of the back head by drinking, and caused injury to the victim, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Some of the first police interrogation protocol against the accused;

1. Partial entry of the suspect interrogation protocol of the second police officer against the accused (including D and E substitute part);

1. Examination protocol of police suspect regarding D;

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

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant asserts to the effect that the Defendant’s act constitutes self-defense as a passive resistance against the victim’s family members’ obstruction of business.

In full view of the following, it is reasonable to view that the Defendant committed a harmful act in the crime of this case, which can be seen by the evidence above, with the intent to attack the victim beyond a simple defense means, and thus, the Defendant’s act does not constitute self-defense.

Therefore, the defendant's above assertion is not accepted.