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(영문) 대구지방법원 2013.10.16 2013고정2104

상해

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 02:00 on January 1, 2013, the Defendant, at the main point of “C” located in Daegu Dong-gu, Daegu, on the grounds that the victim D(53 years of age) was deprived of his customers working for the Defendant as an employee, and the Defendant brought an action to stop the victim’s spathing of flab and flabing of 3 flabs which require approximately 5 weeks of treatment by cutting down flabs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect interrogation of some police officers against the defendant (including D's statements);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the general medical certificate;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the defendant's assertion of provisional payment order Article 334 (1) of the Criminal Procedure Act, the defendant asserts that the crime of this case was committed in order to escape from an unjust attack from the victim, and considering all circumstances such as the background, part, and degree of the injury of this case acknowledged by each of the above evidence, the defendant's act is deemed to have the nature as an attack beyond the limit of defense, and it cannot be deemed that there is a considerable reason for the defendant's act to defend the current unfair infringement. Thus, the defendant's above assertion is without merit.