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(영문) 광주지방법원 순천지원 2018.05.25 2017고정306

상해등

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(45) have become aware of the fact that they were receiving medical treatment at the Southern Hospital.

1. Around August 1, 2012, the Defendant: (a) found a breath in the victim’s residence located D at the time of influence; (b) laid down bricks located in the fluence (150cm in length, 80cm in width, 80cm in width) on the front door glass (50cm in width), thereby damaging the victim’s glass, thereby damaging the victim’s market price that is unknown.

2. To the extent that there is no substantial disadvantage to the defendant's right of defense, the facts charged were partially revised and recognized as criminal facts according to the evidence.

The defendant shall, at the same place on the same day as that set forth in the preceding paragraph, discarded "the bit bit of bitch bitch."

“Along with the sound, a knife (the total length of 30 cm, 18 cm) was used in the kitchen at the same place, but the victim took away the knife, and brue (101 cm in total length, 20 cm in diameter, 20 cm in a ward) brought about a knife in the victim’s hand and on the bridge, etc., resulting in the victim’s injury, such as a shoulder and the knife of the arms, which require approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act (including the fact that the victim expresses his/her intention not to have his/her criminal defendant punished in this court and the fact that the health of the defendant is very poor) ;

1. As to the assertion of legitimate defense by a political party under Articles 70(1) and 69(2) of the Criminal Act in the custody of a workhouse, the defendant and his defense counsel had a legitimate defense to escape from sexual assault of the victim.

The argument is asserted.

If the defense of a party is established, it shall be prior to the act of defense.