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(영문) 인천지방법원 부천지원 2020.01.16 2019고정835

상해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 18, 2019, around 17:43, 2019, the Defendant: (a) deprivedd the victim C’s in front of the said B apartment management office and threatened the Defendant, and (b) deprived the victim’s disease against the victim’s intimidation, throw away the victim’s body from his/her nearby neck; (c) divided the victim’s body into his/her hand; and (d) assaulted the victim’s face at 11 times.

As such, the Defendant abused the victim and inflicted an injury on the victim, such as a non-aggravating the body that requires approximately three weeks of treatment.

[Defendant asserted self-defense, but according to the CCTV image analysis results and caps taken by this court, among the evidence duly adopted and investigated, the victim committed an attack against the defendant, and the defendant's actions in the process of suppressing the victim and cutting off the victim's disease into the surrounding necks can be self-defense, but the body of the victim is divided into two times after he/she laid down his/her illness. This is not a defensive act, but an attack against the victim, and there is no reasonableness, and the argument of self-defense is without merit.] The summary of evidence is a summary of evidence.

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A criminal investigation report (Attachment of a photograph by cutting offCCTV image), a criminal investigation report (CCTV image analysis results), and a report on the results of legal image analysis, and a criminal investigation report (a interview with a doctor in charge);

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. According to Article 334(1) of the Criminal Procedure Act, in light of the fact that there is no attitude that the defendant seriously reflects the sentencing of the provisional payment order, the victim suffered bodily injury with the bones, there is no circumstance that the victim received a letter from the victim or made efforts to recover from damage, and there was a history of punishment several times for violent crimes.