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(영문) 부산지방법원 2015.01.15 2014고정3606

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 28, 2014, the Defendant was sentenced to five years of imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Busan District Court, and the judgment became final and conclusive on October 17 of the same year.

On September 18, 2013, the Defendant: (a) around 18:30 on September 18, 2013, at the Busan Detention House 1 Dong C, located in Busan, which was located in the School of the Seo-gu, Busan, Busan, and 268, reported that the Defendant and the victim E were in conflict with each other with the other in relation to the other; (b) on the ground that the victim said that the victim “I am Dohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

As a result, the Defendant assaulted the victim's face twice by drinking, and assaulted the victim, such as booming drinking, and plucking the victim, even though the victim F et al. were fightinged, the Defendant spawned the victim's face.

In the end, the Defendant inflicted injury on the victim, such as the two friendal friendal friendal friendal friendal friendal friendal frienda

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Attachment of a copy of a medical record book (including a medical certificate), investigation report (verification of details of a medical certificate of injury to E);

1. Credit of medical records associations;

1. Previous convictions: Case search and application of Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) 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, the Defendant and his defense counsel asserted that the Defendant committed an act in order to avoid violence against the victim, which constitutes self-defense or legitimate act, and thus, the illegality of the act is excluded. Thus, the circumstances leading up to the crime, frequency of assault, and assault that can be known by the record.