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(영문) 창원지방법원 통영지원 2013.08.13 2013고정254

상해

Text

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

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

Reasons

Punishment of the crime

At around 01:10 on November 03, 2012, the Defendant, while drinking alcohol at 3 studio of the main points in the operation of the Defendant in the city of 01:10, after drinking alcohol, had the victim E and Si expenses as a problem of drinking value, and caused the victim’s chest to face the victim’s door by pushing the victim’s hair with his head and pushing the victim’s shoulder.

As a result, the defendant puts down a 14-day medical treatment on the victim's base base, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (14 pages of investigation records);

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

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

1. As to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant and defense counsel asserts that the defendant's act, such as the above facts constituting a crime, is a justifiable act for the

On the other hand, the act that does not violate the social rules of Article 20 of the Criminal Code shall be included in the "act that does not violate the social rules". It shall meet the following requirements: First, legitimacy of the motive or purpose of the act; second, reasonableness of the means or method; third, balance between the protected interests and the infringed interests; fourth urgency; fifth, supplement that there is no other means or method than the act.

(See Supreme Court Decision 2003Do3000 delivered on September 26, 2003). Regarding the instant case, the health team, the Defendant, and the victim who did not comply with the drinking value requirement, committed a mutual assault between the victim and the victim during the trial. Since the victim voluntarily voluntarily voluntarily withdraws his behavior that the victim had shown to be sculpted by using ebbbbage, the degree of the assault is difficult to be deemed to be a passive defense, and it is difficult to recognize the reasonableness, urgency, and supplement of the means.

Therefore, the defendant's act cannot be seen as a legitimate act that does not violate the social rules.