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(영문) 서울동부지방법원 2018.02.09 2017고정1506

상해

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant around 17:10 on July 9, 2017, around 17:10, the defendant passed the victim C ( South and 48 years old) who was in front of the king of Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government, and the subway king in front of the king of the subway king of the subway, and the problem of the shoulder facing the shoulder, the victim gets at any time.

"At the end of 14 days of face of the victim's face by drinking 3 times, the victim was faced with a face requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. A written diagnosis of injury;

1.ctv video cd

1. Ctv video photographs (the defendant and his defense counsel stated that the defendant and his defense counsel met with the face of the victim in the process of assaulting the defendant more than two times in order to defend the defendant, so they constitute legitimate defense.

According to the evidence in the judgment of the court below, the defendant's act cannot be viewed as a legitimate defense to defend the present unfair infringement, since the defendant's act is recognized as a legitimate defense for the sake of protecting the present unfair infringement, since the defendant's act is not a legitimate defense. The defendant's act is not deemed to be a legitimate defense for the sake of protecting the present unfair infringement.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

Application of Statutes

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;