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(영문) 수원지방법원 2018.09.06 2018고단3937

상해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 4, 2017, the Defendant: (a) had an oral dispute with the victim D (the remaining, 63 years of age) who was found as a matter of the settlement of construction cost at the office B “C” around 16:23, 2017; and (b) had expressed the desire to “this son, spawn, and spawn gue”; (b) had a son (weight: 10km); (c) had a son’s body after having taken a house, such as air conditioner, tabler, glass, etc.; (d) had a part of the victim’s spawn on two or three occasions; (e) had a brut with the victim’s spathn; and (e) continuously divided the victim’s brut with the victim; and (e) had the victim suffered injury, such as injury to spawn’s face that requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to the victim D in the suspect examination protocol against the accused by the prosecution;

1. Determination as to the defendant's assertion of investigation report (the details of the medical treatment of the victim D hospital and submission of a written request for medical treatment), the details of hospital treatment, the written request for medical treatment, and the investigation report (the relative investigation and diagnosis report on the parking of

1. The gist of the assertion is that the Defendant used the instant violence to cope with the assault from the victim at the time, and thus constitutes legitimate defense.

2. Determination

A. In a case where it is reasonable to view that the perpetrator’s act was carried out with one another’s intent to attack the victim’s unfair attack rather than with a view to defending the victim’s unfair attack, and that the perpetrator’s act was committed against one another’s attack, and that one’s act was committed against it, and at the same time, the act of attack has the nature of the act of attack, and thus, it cannot be deemed as a legitimate defense or excessive defense (Supreme Court Decision 2000Do228 Decided March 28, 200). B. In this case, even if the defendant claimed, he was committed an assault from the victim.

Even when assumed, in this case, as long as the Defendant exercised a high tangible power to the extent that he damages the collection of the house by cutting the house in Abdomin, thereby causing fears, and exercising the force of cutting breath of the victim’s breath and cutting over the victim, this attack is committed.