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(영문) 수원지방법원 성남지원 2018.08.09 2018고단1175

상해

Text

Defendant shall be punished by a fine of four million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On September 17, 2017, at around 22:05, the Defendant inflicted injury on the victim, such as the so-called "Durel in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, on the part of the victim F ( South Korea, 33 years old), on the part of "Durel", and on the part of the victim, the victim suffered from the victim, by considering the victim's face at around 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Determination as to the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The defense counsel asserts that the act of this case, where the defendant had been present at the place of her wife's unfolded, constitutes an act which can be acceptable in light of the spirit of the entire legal order of the Republic of Korea or the social norms, constitutes a justifiable act.

However, in full view of the degree, content, degree of injury, etc. of the defendant, the defendant's act in its holding exceeded the reasonable extent in its means.

However, there is no circumstance that the defendant should have sustained the injury to the victim at the time of the crime, or that there was no other means or methods except the act.

Therefore, the defendant's act does not constitute a justifiable act.

2. According to the record of the determination on the assertion of mental and physical disorder, the Defendant had a witness to enter the telecom with his wife and had a very rough and disorderly state of view.

Even though it is recognized that the defendant has no ability to discern things or make decisions, or has failed to have the ability to do so, the argument of mental and physical disorder is not accepted.