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(영문) 서울동부지방법원 2014.10.30 2014고정1364

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 9, 2014, the Defendant: (a) around 12:45, on the street in Seongdong-gu Seoul Metropolitan Government, and on the cargo vehicle loaded waste from remodeling construction works for building owned by the victim D (ma, 83 years old); (b) caused the victim to be in sight with the victim; (c) caused the victim to have his breast covered one time, thereby damaging the victim's chest into the floor for about three weeks; and (d) caused the victim to suffer injury, such as thale, sugar, etc., requiring treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to a report on investigation (related to the submission of a medical certificate);

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

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

1. As to the defense counsel’s assertion of provisional payment order under Article 334(1) of the Criminal Procedure Act, the defense counsel asserts that the defendant’s act constitutes legitimate self-defense or legitimate act as the day occurred in the process of removing the victim’s losses by using breath, etc., but the defendant’s act cannot be deemed as self-defense or legitimate act in light of the circumstances acknowledged by the above evidence and the defendant’s act, etc.