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(영문) 부산지방법원 동부지원 2015.09.17 2015고정940

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

The defendant is an article that operates B-si.

On December 27, 2014, around 00:50 on December 27, 2014, the Defendant occupied the victim C(40 years of age) in the vicinity of the Gungsung University located in Nam-gu Busan Metropolitan City, to the head of the conciliation division of the above taxi, and the victim began to interfere with the driver's operation, and the victim was punished for a dispute.

The defendant tried to set up the above taxi and get off the cab to the victim on the front side of the Busan Suwon-gu D E fireworks, and the victim extracted a merg card which was sticked to the black box of the above si and tried to do so in his hand.

피고인은 피해자에게 위 메모리카드를 돌려달라고 요구했으나 반환을 거부당하자, “내놔! 내 놓으라고!”라면서 피해자의 왼쪽 손목에 채워져 있던 금속시계의 시계 줄을 세게 잡아당기고, 피해자의 손 안에 있는 메모리카드를 빼앗기 위해 피해자의 손가락을 세게 잡아당기고, 피해자의 넥타이도 잡아당겼다.

As a result, the Defendant inflicted bodily injury on the victim, such as the salt of the left hand boom, which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of a suspect interrogation protocol prepared by the police;

1. Statement of the investigation report and images (including accompanying photographs) prepared by the police;

1. The defendant's argument regarding the defendant's argument in the written diagnosis of injury to C prepared by the doctor F, asserts that the defendant's act does not violate social rules since the defendant's act is not contrary to the victim's use of force since the defendant's act was intended to recover his/her mera card by stealing it.

In light of the means and methods of the instant crime and the degree of injury inflicted on the victim, the above assertion is rejected, since it is difficult to view the Defendant’s act as a justifiable act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime and the choice of punishment.

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