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(영문) 춘천지방법원 영월지원 2015.03.27 2014고정178
상해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 24, 2014, the Defendant, at his house located in Gangwon-gun C around 9:0, around 9:00 on April 24, 2014, was divided into the victim D (the victim D, 57 years of age), who entered the Defendant’s house, and the dispute, and the victim’s name was cut off and pushed off, and the face and the part was divided.

As a result, the Defendant inflicted an injury on the victim, such as fluoral salt fluor, which requires treatment for about two weeks.

Summary of Evidence

1. Legal statement of witness D;

1. Each interrogation protocol of D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of relevant photographs) and photographs attached thereto;

1. Article 257 (1) of the Criminal Act applicable to the crime;

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 of the provisional payment order;

1. The Defendant asserts that it is not unlawful as self-defense or legitimate act, since the Defendant’s assertion on the claim of the Defendant and the defense counsel under Article 186(1) of the Criminal Procedure Act bearing the cost of lawsuit is merely a fluence of the victim’s own title that he/she had left at his/her home.

In light of the above evidence, it is not acknowledged that the defendant was aware that he was satisfy, as alleged by the defendant, and even if the victim entered the defendant's house without the defendant's permission, the above act of the defendant is an active attack that exercised a new tangible power beyond a passive resistance to protect his body, and it is difficult to view that the above act of the defendant constitutes self-defense or legitimate act.

Therefore, the above argument is not accepted.

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