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(영문) 서울서부지방법원 2013.08.22 2013고정638

상해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

At around 16:10 on September 2, 2012, the Defendant stopped as a taxi driver on the front side of the Eunpyeong-gu Seoul Building 114-dong, Eunpyeong-gu, Seoul and waiting for a non-protection seat signal. When the victim D, who was driven behind the Defendant, was boomed with the victim due to light, the victim's face was 1-2 times as a drinking, flabed, flabing the flab, thereby causing injury to the victim, such as a diveal coordinate, which requires treatment for about one week.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on black stay images;

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

1. The defendant and his defense counsel on the argument of the defendant and his defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the work site. The defendant asserts that even if the defendant inflicted an injury on the victim, it constitutes self-defense to defend himself from the victim's attack.

However, in full view of the background and process of fighting between the Defendant and the victim as indicated in the records of the instant case, it may be recognized that the Defendant received an attack first from the victim and did not merely defend the victim, but also constituted a harmful act against the victim. The Defendant’s act as a defense together with the act of defense does not constitute self-defense. Thus, the above assertion by the Defendant and the defense counsel cannot be accepted.