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(영문) 부산지방법원 동부지원 2016.10.13 2016고정651

상해

Text

Defendant shall be punished by a fine of KRW 300,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the auditor of the Korea Saemaul Bank in Busan Shipping Daegu C, and the victim E is the regular director of the same community credit cooperative.

One person of a demonstration who was dismissed on July 2015 and demanded reinstatement in the presence of the above community credit cooperatives.

At around 16:00 on February 22, 2016, the Defendant made a one person demonstration before the above community credit cooperatives, and arranged demonstration supplies, and made a statement about the victim’s neglect of the Defendant three days before the victim, and her hand pushed the victim’s chest by hand, and followed the elevator on the left-hand side of the community credit cooperatives stairs of community credit cooperatives. On the ground that the victim and the Defendant did her flab, the Defendant carried the victim’s flab, and carried the victim’s flab, etc. on the part of the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. The legal statement of the witness E (the details and methods of the assault by the witness, the part and degree of injury of the witness, etc. specified and consistently stated by the witness, while CCTV images comply with the witness's statement, recognizing the credibility of the witness's statement);

1. A written diagnosis of injury (the defendant and his defense counsel asserted that the act of assault against the victim in the judgment of the defendant constitutes self-defense for the purpose of defending the victim's improper attack, but considering the background and method of the crime and the situation at the time of the crime in the judgment that can be known from the evidence lawfully adopted and investigated by this court, it is reasonable to regard the defendant's act as an act of attack committed by the intent of attack beyond the mere means of defense and it cannot be viewed as self-defense. Accordingly, the defendant and his defense counsel's above assertion

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;