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(영문) 서울중앙지방법원 2014.04.01 2013고단8245
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:50 on October 13, 2013, when the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, the Defendant reported the victim E (the age of 58) who was waiting to leave the house for accommodation on the second floor of D in Jung-gu Seoul, Jung-gu, Seoul, and F, which is his day, and reported the victim “Is. Is. I will do. I do. I do.. I do.. I do.. I do.. I.) with the words “Is. I do. I will do. I do.. I do.. I do... I will do... I.) with a deadly weapon, which was in possession of a dispute, taken off in the hands of the victim, and caused the victim’s face to have approximately 2 cm of the victim’s face, and caused the victim’s loss in the number of days of treatment.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

1. Determination as to the defendant and defense counsel's assertion of each photograph (victim's standing and evidence)

1. The alleged victim committed the crime of this case by breaking the knife in order to protect one’s body by pushing the defendant with a physical disability Grade V, following stairs. The crime of this case constitutes self-defense.

2. In order to establish self-defense under Article 21 of the Criminal Act, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of legal interests infringed by the act of infringement, and the type and degree of legal interests to be infringed by the act of defense, etc.

(2) The Defendant’s act of committing the instant crime is deemed the victim’s act, in light of the following circumstances, i.e., the means and degree of damage inflicted on the Defendant, the means and method of the victim’s action, and the consequences of the act, etc., based on each of the above evidence. In light of the following circumstances acknowledged based on each of the above evidence, i.e., the Defendant’s act of committing the instant crime.

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