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(영문) 인천지방법원 2016.07.07 2015고정3615

상해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 00:15 on December 2, 2015, the Defendant called the victim E (the age of 46) at the D fish market parking lot located in Jung-gu Incheon Metropolitan City, on behalf of the Defendant, and called the victim E (the age of 46), around the arrival of the D fish market, at around the time of arrival in the front of the D fish market, the destination of the Defendant, and rejected the Defendant’s request that the employee called the victim Handphone, “The president had the key to the lodging room in the vehicle.” In other words, the Defendant’s refusal to move back to Gro in F, which is located in F, the Defendant’s departure place, and the victim took the taxi back, and the Defendant closed the taxi door at two times, and laid down the body of the victim’s right chest, and then cut back the flab into the ground, and let the victim kne kne kne kne kn kn kn kn kn kn kn kne kn kn kne kn kn kn kn kn kn kn kn kn kn kn kn k.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. Part concerning E’s statement of the police suspect interrogation protocol (two times, replacement of the defendant)

1. A medical certificate of injury (E);

1. Of the photographs, the part on E [the defendant and his defense counsel] of the photograph (in the course of assaulting from the injured party, there was only the fact that he did not assault the defendant, and the family defendant did not assault him as above.

This argues that it constitutes a legitimate defense or a legitimate act.

However, according to the above evidence, the defendant can be found to have inflicted an injury on the victim as stated in the above facts of crime, and in light of the background, method, and circumstances at the time of the crime of this case, it cannot be deemed that the defendant's act satisfies the requirement of legitimate defense or legitimate act, and thus, the above argument by the defendant and the defense counsel cannot be accepted.

Application of Statutes

1. Article 257(1) of the Criminal Act and Article 257(1) of the same Act concerning criminal facts, the choice of fines, etc.