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(영문) 서울남부지방법원 2013.04.04 2012고정4328

상해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 4, 2012, at around 18:30, the Defendant came to be the front of the Ansan Park in Gangseo-gu, Seoul, Gangseo-gu, 155-1, and was assaulted from the victim C (V, the age of 41), and the Defendant asserted that the face of the victim was flicked once and flicked for about two weeks of treatment.

Summary of Evidence

1. C’s legal statement;

1. Police suspect interrogation protocol regarding C;

1. A protocol of partial police interrogation of the accused;

1. A written diagnosis for injury (investigative records, No. 33 pages);

1. Application of statutes on photographs of damage;

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

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

1. As to the defense counsel’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the defense counsel asserts that the crime of this case constitutes legitimate self-defense as an act to defend the defendant from the victim’s assault.

However, in light of the motive and circumstance leading up to fighting between the defendant and the victim, the process of fighting, the degree and result of the victim's injury, etc., the crime of this case cannot be deemed as self-defense since it has the nature of the defendant's act of attack against the victim's attack. Thus, the defense counsel's assertion is not accepted.