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(영문) 대전지방법원 2018.03.16 2017고정742
상해
Text

Defendant

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

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A around 21:00 on February 12, 2017, at the house of the defendant of the Seo-gu Seo-gu Seoul Building D, and with his wife B (n, 28 years of age) and with music in relation to music valleys, the injured party, who took part of the defendant's right mouths one time to walk, pushed the part of the defendant's right mouths and pushed off the victim's shoulder part with the wall, or faced with the wall, making the victim take part of the victim's shoulders, thereby making the victim take up for about three weeks of medical treatment.

Summary of Evidence

1. Entry of the defendant A's partial statement in the first trial record;

1. The statement made by the witness B in the second public trial protocol (the statement made by the victim at the hospital, investigative agency, and court is somewhat different from the statement made by the victim, and the victim seems to have any part of his/her behavior or any part of his/her damage is reduced or exaggerated;

However, the victim’s statement corresponding to the content of injury is consistently maintained to the effect that “the defendant was faced with walls and windows beyond the victim and faced with the victim,” and credibility is recognized in light of the attitude of the victim’s statement in this court, the timing and circumstances of the report, etc.

1. Arrest reports on the occurrence of the case, reports on emergency measures, and site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning criminal facts and Article 257 (1) of the Criminal Act that choose a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Defendant A’s assertion as to the defense, etc. of a political party under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is alleged to the effect that the act of Defendant A constitutes a legitimate defense or a justifiable act, in light of the degree of assault and injury inflicted on the victim by Defendant A, who is recognized by the evidence above, in light of the degree of assault and injury inflicted on the victim, etc., the act of Defendant A cannot be deemed as a legitimate defense or a justifiable act.

Therefore, the defendant A's assertion.

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