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(영문) 전주지방법원 남원지원 2017.04.25 2017고단33

상해등

Text

The punishment of the accused shall be determined by four months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

1. On December 28, 2016, the Defendant assaulted the victim C (27 years) who smoked tobacco along with the daily activity in front of the building in Jungdong-gu Seoul, Seoul, on the ground that the victim spits the victim’s spition on the floor, by first raising a trial cost, and then in both hands, breadd the victim’s spiting the breath, which goes beyond the floor by cutting down the breath of the victim’s bomb and cutting down the breath of the breath in hand.

2. On January 6, 2017, around 23:30 on January 6, 2017, the Defendant: (a) reported the victim E (25 years of age) who was a seated on the front side of Dongdaemun-gu Seoul Metropolitan Government D; and (b) reported him.

I think the victim is first of all, and I think that the part of the victim's face is lived once with the victim's left side, and the victim's face is lived once, and the victim's face was lived with an live drinking so that the victim's life cannot be known, and the victim suffered an injury to the hivem so that the victim's treatment period cannot be known.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. C’s statement;

1. Application of Acts and subordinate statutes of each photograph and written diagnosis of injury;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Determination as to the defendant's assertion under Article 62-2 of the Criminal Act, including observation of protection and community service work

1. Summary of the assertion

A. The victims of the instant case assaulted the Defendant first.

The defendant used violence against the victims to defend them.

The act of a defendant constitutes legitimate defense.

B. The victims of the instant case committed violence against the Defendant.

Nevertheless, the prosecutor prosecuted the defendant only.

This is an abuse of prosecutor's right to prosecute as a arbitrary exercise of prosecutor's right to prosecute.

In this case.