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(영문) 광주지방법원 2016.04.28 2016고정169

상해

Text

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

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

Reasons

Punishment of the crime

On August 13, 2015, the Defendant, at around 13:30 on August 13, 2015, brought up the victim D(27 years of age) at the waiting room of the guardian of the second floor of the welfare center for disabled persons with disabilities in the city of 219, and brought up air conditioners and TVs. During the dispute, the Defendant sent back the victim's face to drinking, and caused the victim's injury to the right side requiring approximately three weeks of treatment.

Summary of Evidence

1. D Legal statements;

1. Application of Acts and subordinate statutes (D);

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, 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 of the Provisional Payment Order / [The Defendant’s shouldered the victim’s son’s son to defend him by assaulting D, which constitutes a legitimate defense under Article 21 of the Criminal Act. However, in light of the developments leading up to the Defendant’s assault and the degree of injury to the victim, which are comprehensively admitted as a whole, it does not seem to constitute a legitimate defense.

Therefore, Defendant’s assertion is not accepted