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(영문) 서울동부지방법원 2017.05.19 2017고정413

상해

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 00:30 on November 19, 2016, the Defendant, in a “C cafeteria” toilet located in Gwangjin-gu Seoul Special Metropolitan City, suffered injury, such as an open wound, where the Defendant did not damage the hand saws that need medical treatment for about 14 days, on the ground that the Defendant and the victim D (neep, 21 years old) dispute with the victim as a day-to day-day door of the common partitions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A photograph of the upper part of the body;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that the Defendant’s act was an act committed to defend against the victim by assaulting and defending it. However, in light of the developments leading up to the occurrence of the instant case acknowledged by the evidence duly adopted and examined by the court, the circumstances at the time of the instant crime, the Defendant’s act committed an act to defend the present unfair infringement.

It is difficult to see it, and the defendant's above assertion is rejected.