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Defendant shall be punished by a fine of 200,000 won.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On August 26, 2013, the Defendant: (a) around 08:55 on August 26, 2013, 2013, the Defendant: (b) carried a car on the street before the house of the D located in North-gu C at the port; and (c) carried the car on the road, and (d) D promptly carried the arms with 14-day straw, thereby causing injury, such as the impairment of the batity, stuff, inspection, etc., of the arms.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of witness D;
1. Application of medical certificates (section 28), photographs (section 31)-related Acts and subordinate statutes;
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 former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. Although the alleged defendant's assertion is true of the victim's arms, it constitutes self-defense to protect the present unfair infringement of the defendant's life.
2. Determination
A. In general, since the attack and defense between the persons engaging in attack and defense are continuously cross-sectioned, and the act of attack and defense is at the same time, it is difficult to regard either party's act as a legitimate act for defense or as a self-defense in appearance, even if one party's act appears to be in appearance, in practice, if one party unilaterally commits an attack, and the other party uses the tangible power as a means of resistance to protect himself/herself from such unlawful attack and escape therefrom, it shall be deemed that the illegality is denied as a reasonable act that can be permitted by social norms in light of all the circumstances, such as the process and purpose of the attack and the intent of the actor, unless it goes beyond the limit of passive defense.