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(영문) 인천지방법원 2014.07.18 2014고정1309
상해
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 13, 2014, at around 17:00, the Defendant suffered injury to the victim E (54 years of age) and the victim E (54 years of age) in the Namdong-gu Incheon Metropolitan City, and the Defendant saw the victim E with the hand saw, walked the part of the victim E, walked the part of the back, walked with the spack, and splateed the victim’s breath with the breath, so it was necessary to receive approximately three weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334(1) of the Criminal Procedure Act provides that “The defendant’s act does not go beyond the scope of self-defense” can only be viewed as self-defense after the closing of argument (see, e.g., a summary of the pleading as of July 15, 2014). Even if ex officio is examined, considering all circumstances, such as the background, means, methods, and degree of damage, acknowledged by the evidence in the judgment, such as the crime, method, and degree of damage, it is difficult to say that the defendant actively assaulted the victim rather than the passive defensive act.

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