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(영문) 서울북부지방법원 2014.05.09 2014고정21

상해

Text

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

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

Reasons

Punishment of the crime

On November 4, 2013, at around 16:10 on November 16, 2013, the Defendant, in the frontway in Dobong-gu Seoul Metropolitan Government, brought an injury to the victim, as his hand, on the subject of a breathal and salt field requiring approximately two weeks of medical treatment, by putting the breath of the victim’s breath, and booming the breath’s bat.

Summary of Evidence

1. Legal statement of witness E;

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 and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's act constitutes legitimate self-defense or legitimate act, since the defendant's act was inevitably caused in the course of escape from the victim's assault.

However, according to each evidence of the judgment, it is difficult to view that the defendant's act constitutes legitimate self-defense or legitimate act under the Criminal Act, in light of all circumstances such as the process, process, purpose, means, and degree of violence of the victim, first of all, it is sufficiently recognized that the defendant inflicted an injury on the victim by breaking breath of fla

Therefore, we cannot accept the above argument of the defendant and his defense counsel.