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(영문) 대구지방법원 2014.02.14 2013고정2713

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 19, 2013, at around 18:50, the Defendant, at the front of the Defendant’s residence located in Daegu Dong-gu, Daegu-gu, 2013, received a claim from the victim D (the 47 years old), who is the second floor tenant of the said house, to show CCTV installed in the house to the victim’s prospective marriage, and brought a dispute with the victim, and caused the victim to suffer an injury, such as fluoral salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury (71 pages of investigation records);

1. Application of image Acts and subordinate statutes to the USB;

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

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

1. The defense counsel's assertion of defense counsel under Article 334 (1) of the Criminal Procedure Act argues to the effect that the above act constitutes self-defense and thus becomes unlawful. However, in full view of the form of the act of the crime of this case, the circumstances of the crime, the situation at the time of the crime, the degree of the injured party's situation, etc., it is reasonable to deem that the defendant's act was committed with the intent of attack beyond a mere defense means, and thus, it cannot be viewed as self-defense, the defense counsel