(영문) 대구지방법원 2015.01.07 2014고정2516

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(영문) 대구지방법원 2015.01.07 2014고정2516

상해

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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

At around 05:00 on July 15, 2014, on the ground that the defendant was sleeped by the house located in Daegu Dong-gu C, Daegu, on the ground that the defendant was slicked, the defendant walked from the victim E (the age of 57) to walking the breast part of the breast part of the breast part, flicked by hand, flicking the head of the victim by hand, and flicked the victim's head with his hand in response thereto.

As a result, the defendant injured the victim for about 10 days in an open wound to the left-hand hand, which requires stability for about 10 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. Voluntary report, investigation report (Attachment of a photograph of the damaged part), photographs of the damaged part, investigation report (Attachment of a medical certificate), and application of Acts and subordinate statutes (E);

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. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that the defendant had no head of the victim E and there is no trace of such fact.

According to the police statement statement of the victim E, it is recognized that the defendant has the head of the victim E and is shaking.

2. The defendant and his defense counsel asserts that the defendant's shouldering of the victim E constitutes self-defense.

According to the police statement of the victim E, the police interrogation protocol of the victim E, the police investigation report of the victim's body (Attachment of the victim body photo), the victim E and the defendant have a view to the fact that the victim E and the defendant have a view to the slickness of the victim E. The defendant's act is to defend the unfair attack of the victim E. according to the above facts of recognition.

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