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(영문) 의정부지방법원 2017.06.15 2016고정2295

상해

Text

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

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

Reasons

Punishment of the crime

On March 30, 2016, the Defendant suffered injury, such as damage to the reputation of other parts that require approximately 2 weeks of medical treatment on the part of the victim, who was her part of the victim’s laps, in front of the house of the victim D (n, 62 years of age) located in Pyeong-gun, the Defendant, as a matter of the package construction of the access road to the land of Pyeongtaek-gun, the Defendant owned, as a matter of construction cost.

Summary of Evidence

1. Each legal statement of witness D, F and G;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. As to the assertion of the Defendant and his defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, the Defendant and the defense counsel incurred an injury by the Defendant due to an assault by the victimized person at the time of the instant case, and there was no assault by the injured person, and the family defendant abused the injured person.

Even if such act constitutes a legitimate defense to defend the victim's assault.

The following circumstances acknowledged by this Court comprehensively based on the evidence duly adopted and examined by this Court, i.e., ① the victim, from the investigative agency to this court, made a relatively concrete and consistent statement as to the circumstance during which the Defendant was assaulted by the Defendant to the effect that “the Defendant was suffering from fating the victim’s fat, and fating the victim’s fat in the course of having a dispute over the issues related to road packing expenses” from the Defendant to this court. ② G witnessing the situation at the time was in the investigative agency and this court, “F vehicle is driven by G, and the Defendant was on board the back seat,” but the Defendant was on board the back seat.