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(영문) 대구지방법원 안동지원 2018.08.17 2017고정241

상해

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

A victim B (the age of 55) is a person who works for an entertainment establishment, and the defendant is a customer.

On August 27, 2017, the Defendant, at a permanent residence of around 01:00, inflicted an injury on the victim by plplaling or plaling the victim’s fingers, which require approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant (as at the second public trial date);

1. A protocol concerning the examination of the accused by the prosecution (including B confrontationation);

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the victim saws the part of the defendant's arms by hand, and plucks or plucks of the victim's fingers during the process of spreading this part of the defendant's arms. Thus, this act is a legitimate defense, and its illegality does not constitute a crime.

2. According to the evidence duly adopted and examined by this court, the following facts are acknowledged: (a) the occurrence of a dispute between the Defendant and the victim due to lack of service hours; (b) the Defendant, who scams the clothes of the Defendant by hand, scam the victim’s arms; (c) the Defendant scams the victim’s arms; and (d) during that process, the Defendant, who scams the victim’s arms with the victim’s hand, scam, removed the victim’s fingers; and (d) the Defendant, who scams the victim’s arms with the hand-to-kick, removed the victim’s fingers; and (e) the victim suffered injury, such as fingers and kicks,

According to the above facts, the Defendant, while fighting with the victim, committed an act of plucking, plucking, etc. of the victim by setting up against the victim's arms and arms against them.