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(영문) 의정부지방법원 2014.06.09 2014고정577

상해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 1:00 on September 27, 2013, at the second floor parking lot of the building B in the Guri-si, the Defendant used violence, such as drinking and plucking 10 times as a drinking and plucking of the head of the victim C (the age of 57), which is a parking personnel, by cutting off the balth of the balth, and cutting off the 4.5 weeks left-hand balth, which requires about 5 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding C;

1. Application of each of the Acts and subordinate statutes described in D's written statements and written diagnosis;

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. The defendant alleged that the crime of this case in relation to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act does not constitute a crime because the crime of this case is self-defense and illegal as a self-defense. However, in the case where a fighting between the defendant and the victim is conducted by fighting with mutual vision between the defendant and the victim, the strike constitutes an act of attack against the other party at the same time as a defense and constitutes an act of attack against the other party, and it cannot be deemed that only the act of the defendant constitutes an unlawful self-defense or excessive defense, and therefore, the defendant'

(Supreme Court Decision 83Do3020 Decided May 22, 1984, and Supreme Court Decision 2000Do228 Decided March 28, 2000).