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(영문) 수원지방법원 안산지원 2019.05.24 2018고단4023
상해
Text

A defendant shall be punished by imprisonment for six 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

On July 30, 2018, at around 03:35, the Defendant, at around 03:35, operated the mother-friendly operation of the Defendant on the 1st floor in Ansan-gu, Masan-si, Masan-si, the Defendant: (a) faced the disturbance of the victim D (the age of 65) who is the customer, by expressing the service complaints; (b) went out of the 3rd room; and (c) took a bath to the mother of the Defendant; and (d) led the victim to the 6rd room by using his arms on his hand, leading the victim to the 8-day emergency warning sign that requires approximately 8 weeks medical treatment; and (e) took part in the 8-day emergency warning board.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of witness E;

1. Each police statement of E and D;

1. A written statement of F and G;

1. Each injury diagnosis report, 1 medical certificate, and reply to matters requested for medical advice;

1. A list of the details of handling the 112 Reporting Cases and emergency medical services log;

1. Investigation report (report accompanied by the structure No. C3 and No. 6 of the suspect);

1. Determination on the Defendant and defense counsel’s assertion on site photographs, site photographs, etc.

1. The Defendant and his defense counsel’s assertion that the Defendant’s act constitutes a justifiable act, which is aimed at obstructing the Defendant’s singinging service by doing singing and disturbing acts, bringing the Defendant’s mother to talk, and preventing the Defendant from attempting to flee after reporting interference with his duty.

② Inasmuch as the Defendant committed an act to defend the current infringement of one’s own or his parent’s legal interests, it is reasonable that the Defendant’s illegality constitutes self-defense.

2. The following circumstances revealed by the evidence revealed prior to the determination, namely, ① the Defendant: (a) intending to leave the Defendant’s mother’s clothes, such as putting the Defendant’s her mother’s humiliation, preventing the victim, leading the Defendant into a singing room; and (b) putting the victim into a singing room; and (c) putting the Defendant into a singing room.

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